Enrolled Copy H.B. 490 1 State Parks Modifications 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Clinton D. Okerlund Senate Sponsor: Derrin R. Owens 2 3 LONG TITLE 4 General Description: 5 This bill addresses the Division of State Parks. 6 Highlighted Provisions: 7 This bill: 8 ▸ defines terms; 9 ▸ removes a requirement for the Division of State Parks (division) to comply with the Utah 10 Procurement Code in selecting concessionaires in state parks; 11 ▸ requires the division to operate, to the extent possible, from money and revenue collected 12 as fees and charges; 13 ▸ requires the director to implement a comprehensive plan for the long-term use of state 14 parks developed by the division; 15 ▸ grants rulemaking authority to the division to administer the state parks system; 16 ▸ renames the State Parks Restricted Account; 17 ▸ repeals sections related to boating accounts and river enhancement grants; and 18 ▸ makes technical and conforming changes. 19 Money Appropriated in this Bill: 20 None 21 Other Special Clauses: 22 None 23 Utah Code Sections Affected: 24 AMENDS: 25 76-6-206.2, as last amended by Laws of Utah 2023, Chapter 111 26 79-4-102, as last amended by Laws of Utah 2024, Chapter 507 27 79-4-201, as last amended by Laws of Utah 2021, Chapter 280 H.B. 490 Enrolled Copy 28 79-4-202, as last amended by Laws of Utah 2021, Chapter 280 29 79-4-203, as last amended by Laws of Utah 2022, Chapter 68 30 79-4-206, as renumbered and amended by Laws of Utah 2009, Chapter 344 31 79-4-402, as last amended by Laws of Utah 2023, Chapter 33 32 79-4-403, as last amended by Laws of Utah 2010, Chapters 256, 391 33 79-4-603, as renumbered and amended by Laws of Utah 2009, Chapter 344 34 79-4-604, as renumbered and amended by Laws of Utah 2009, Chapter 344 35 79-4-901, as renumbered and amended by Laws of Utah 2009, Chapter 344 36 79-4-1001, as last amended by Laws of Utah 2010, Chapter 391 37 ENACTS: 38 79-4-207, Utah Code Annotated 1953 39 REPEALS: 40 79-4-101, as last amended by Laws of Utah 2021, Chapter 280 41 79-4-401, as last amended by Laws of Utah 2021, Chapter 280 42 79-4-802, as renumbered and amended by Laws of Utah 2009, Chapter 344 43 44 Be it enacted by the Legislature of the state of Utah: 45 Section 1. Section 76-6-206.2 is amended to read: 46 76-6-206.2 . Criminal trespass on state park lands. 47 (1)(a) As used in this section: 48 (i) "Authorization" means specific written permission by, or contractual agreement 49 with, the Division of State Parks. 50 (ii) "Criminal trespass" means the elements of the crime of criminal trespass, as set 51 forth in Section 76-6-206. 52 (iii) "Division" means the Division of State Parks created in Section 79-4-201. 53 (iv) "State park lands" means all lands administered by the division. 54 (b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section. 55 (2) An actor commits criminal trespass on state park lands and is liable for the civil 56 damages prescribed in Subsection (5) if, under circumstances not amounting to a greater 57 offense, and without authorization, the actor: 58 (a) constructs improvements or structures on state park lands; 59 (b) uses or occupies state park lands for more than 30 days after the cancellation or 60 expiration of authorization; 61 (c) knowingly or intentionally uses state park lands for commercial gain; - 2 - Enrolled Copy H.B. 490 62 (d) intentionally or knowingly grazes livestock on state park lands, except as provided in 63 Section 72-3-112; or 64 (e) remains, after being ordered to leave by a person with actual authority to act for the 65 division, or by a law enforcement officer. 66 (3) A violation of Subsection (2) is a class B misdemeanor. 67 (4) A person does not commit criminal trespass if that person enters onto state park lands: 68 (a) without first paying the required fee; and 69 (b) for the sole purpose of pursuing recreational activity. 70 (5)(a) In addition to an order for restitution under Section 77-38b-205, an actor who 71 commits any act described in Subsection (2) may also be liable for civil damages in 72 the amount of three times the value of: 73 (i) damages resulting from a violation of Subsection (2); 74 (ii) the water, mineral, vegetation, improvement, or structure on state park lands that 75 is removed, destroyed, used, or consumed without authorization; 76 (iii) the historical, prehistorical, archaeological, or paleontological resource on state 77 park lands that is removed, destroyed, used, or consumed without authorization; or 78 (iv) the consideration which would have been charged by the division for 79 unauthorized use of the land and resources during the period of trespass. 80 (b) Civil damages awarded under Subsection (5)(a): 81 (i) may be collected in a separate action by the division; and 82 (ii) shall be deposited into the [State Park Fees] State Parks Restricted Account as 83 established in Section 79-4-402. 84 Section 2. Section 79-4-102 is amended to read: 85 79-4-102 . Definitions. 86 As used in this chapter: 87 (1) "Division" means the Division of State Parks. 88 (2) "Facility" means the same as that term is defined in Section 51-9-901. 89 (3) "Outdoor recreation infrastructure" means the same as that term is defined in Section 90 51-9-901. 91 Section 3. Section 79-4-201 is amended to read: 92 79-4-201 . Division of State Parks -- Creation -- Powers and authority. 93 (1) There is created within the department the Division of State Parks. 94 (2) The division is under[:] 95 [(a)] the administration and general supervision of the executive director[; and] . - 3 - H.B. 490 Enrolled Copy 96 [(b) the policy direction of the board.] 97 (3) The division is the state parks authority for the state. 98 Section 4. Section 79-4-202 is amended to read: 99 79-4-202 . Director -- Qualifications -- Duties. 100 (1) The director is the executive and administrative head of the division. 101 (2) The director shall demonstrate: 102 (a) executive ability; and 103 (b) actual experience and training in the conduct of park systems involving both physical 104 development and program. 105 (3) The director shall: 106 (a) enforce the policies and rules of the [board; and] division; 107 (b) perform the duties necessary to: 108 (i) properly care for and maintain any property under the jurisdiction of the division; 109 and 110 (ii) carry out this chapter[.] ; and 111 (c) implement the comprehensive plan for long-term public use of state park resources 112 developed by the division under Subsection 79-4-203(12). 113 (4) The director shall acquire, plan, protect, develop, operate, use, and maintain park area 114 and facilities in accordance with the policies and rules of the [board] division. 115 Section 5. Section 79-4-203 is amended to read: 116 79-4-203 . Powers and duties of division. 117 (1) As used in this section, "real property" includes land under water, upland, and all other 118 property commonly or legally defined as real property. 119 (2) The Division of Wildlife Resources shall retain the power and jurisdiction conferred 120 upon the Division of Wildlife Resources by law within state parks and on property 121 controlled by the Division of State Parks with reference to fish and game. 122 (3) The division shall permit multiple use of state parks and property controlled by the 123 division for purposes such as grazing, fishing, hunting, camping, mining, and the 124 development and utilization of water and other natural resources. 125 (4)(a) The division may acquire real and personal property in the name of the state by all 126 legal and proper means, including purchase, gift, devise, eminent domain, lease, 127 exchange, or otherwise, subject to the approval of the executive director and the 128 governor. 129 (b) In acquiring any real or personal property, the credit of the state may not be pledged - 4 - Enrolled Copy H.B. 490 130 without the consent of the Legislature. 131 (5)(a) Before acquiring any real property, the division shall notify the county legislative 132 body of the county where the property is situated of the division's intention to acquire 133 the property. 134 (b) If the county legislative body requests a hearing within 10 days of receipt of the 135 notice, the division shall hold a public hearing in the county concerning the matter. 136 (6) Acceptance of gifts or devises of land or other property is at the discretion of the 137 division, subject to the approval of the executive director and the governor. 138 (7) The division shall acquire property by eminent domain in [the manner authorized by] 139 accordance with Title 78B, Chapter 6, Part 5, Eminent Domain. 140 (8)(a) The division may make charges for special services and use of [facilities] a facility 141 or outdoor recreation infrastructure, the [income] revenue from which is available for 142 park purposes. 143 (b) The division may conduct and operate[ those] services necessary for the comfort and 144 convenience of the public. 145 (9)[(a)] The division may set reasonable charges to lease or rent concessions [of all 146 lawful kinds and nature in state parks and property to persons, partnerships, and 147 corporations for a valuable consideration upon the recommendation of the board] in a 148 state park or on property owned by the division. 149 [(b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in 150 selecting concessionaires.] 151 (10) The division shall proceed without delay to negotiate with the federal government 152 concerning the Weber Basin and other recreation and reclamation projects. 153 (11) The division shall, to the extent possible, implement the requirements of this chapter 154 from revenue the division collects from: 155 (a) charges for special services, use of a park facility, and use of an outdoor recreation 156 infrastructure; and 157 (b) service or regulatory fees. 158 (12)(a) The division shall develop a comprehensive plan for the long-term public use of 159 state parks and state park resources related to the: 160 (i) acquisition of land and resources; 161 (ii) protection of state parks and the public; 162 (iii) operation of state parks; 163 (iv) maintenance of state parks and division resources; and - 5 - H.B. 490 Enrolled Copy 164 (v) development of state parks and division resources. 165 (b) In developing a comprehensive plan under Subsection (12)(a), the division shall 166 consider: 167 (i) recreational utility; 168 (ii) the public benefit in the historical, archaeological, and scientific resources in state 169 parks; and 170 (iii) the health and wholesome enjoyment of the public. 171 Section 6. Section 79-4-206 is amended to read: 172 79-4-206 . Support of a nonprofit corporation or foundation. 173 The division may provide administrative support to a nonprofit corporation or 174 foundation that assists[ the board and] the division in attaining the objectives outlined in the 175 strategic or operational plan. 176 Section 7. Section 79-4-207 is enacted to read: 177 79-4-207 . Division rulemaking authority. 178 (1) The division may make rules to: 179 (a) govern the use of the state park system, including to: 180 (i) determine when to close or partially close a state park; and 181 (ii) establish use or access restrictions within a state park; and 182 (b) protect a natural or cultural resource in a state park from misuse or damage. 183 (2) The division shall make rules to: 184 (a) govern the collection of charges under Subsection 79-4-203(8); and 185 (b) implement a program for veteran access to state parks as described in Section 186 79-4-1002. 187 (3) The division may not make rules that prevent the transfer of livestock along a livestock 188 highway established under Section 72-3-112. 189 (4) The division shall makes rules under this section in accordance with Title 63G, Chapter 190 3, Utah Administrative Rulemaking Act. 191 Section 8. Section 79-4-402 is amended to read: 192 79-4-402 . State Parks Restricted Account. 193 (1) There is created within the General Fund a restricted account known as the [State Park 194 Fees] State Parks Restricted Account. 195 (2)(a) Except as provided in Subsection (2)(b), the account shall consist of revenue from: 196 (i) all charges allowed under Section 79-4-203; 197 (ii) proceeds from the sale or disposal of buffalo under Subsection 79-4-1001(2)(b); - 6 - Enrolled Copy H.B. 490 198 and 199 (iii) civil damages collected under Section 76-6-206.2. 200 (b) The account shall not include revenue the division receives under Section 79-4-403 201 and Subsection 79-4-1001(2)(a). 202 (3) The division shall use funds in this account for the purposes described in Section 203 79-4-203. 204 Section 9. Section 79-4-403 is amended to read: 205 79-4-403 . Golf revenue -- Wasatch Mountain, Palisade, and Green River State 206 Parks. 207 (1) The following [user fees] charges are assessed in the following parks for playing nine 208 holes of golf: 209 (a) [15] 30% of the [green fees] revenue at Wasatch Mountain State Park; 210 (b) [15] 30% of the [green fees] revenue at Palisade State Park; and 211 (c) [15] 30% of the [green fees] revenue at Green River State Park. 212 (2) [The fee] A charge in Subsection (1) is: 213 (a) in addition to [the fee] a charge set by the [board] division; and 214 (b) to be used at the park where the money is collected for: 215 (i) the upgrade or development of facilities; or 216 (ii) the purchase of golf course operation and maintenance equipment and operating 217 supplies or materials. 218 Section 10. Section 79-4-603 is amended to read: 219 79-4-603 . Iron Mission Historical Monument -- Acceptance of gifts from Iron 220 Mission Park Corporation. 221 The [board] division shall accept on behalf of the state the Gronway Parry collection of 222 horse-drawn vehicles, horses, harnesses, figures, costumes, and horse-drawn machinery of the 223 pioneer era, the Melling log cabin, the Osborne blacksmith collection, and a metal exhibit 224 building, all being gifts to the state from the Iron Mission Park Nonprofit Corporation. 225 Section 11. Section 79-4-604 is amended to read: 226 79-4-604 . Iron Mission Historical Monument -- Acquisition of property. 227 The division may: 228 (1) acquire, construct, maintain, and operate any land areas, objects, or structures as 229 necessary to preserve, protect, display, and enhance: 230 (a) the gifts described in Section 79-4-603; and 231 (b) other historical objects or collections donated, loaned, or otherwise acquired that - 7 - H.B. 490 Enrolled Copy 232 appropriately contribute to the pioneer heritage of Utah; and 233 (2) acquire, directly or through others, by purchase, contract, lease, permit, donations, or 234 otherwise, all real or personal property, rights-of-way, approach roads, parking and other 235 areas, structures, facilities and services that the division[ and board] may consider 236 necessary or desirable to accomplish Subsection (1). 237 Section 12. Section 79-4-901 is amended to read: 238 79-4-901 . Pioneer heritage of Utah -- Acquisitions and operations by division. 239 (1) The division may acquire, construct, maintain, and operate any land areas, objects, or 240 structures as necessary to preserve, protect, display, and enhance any gifts and other 241 historical objects or collections donated, loaned, or otherwise acquired that appropriately 242 contribute to the pioneer heritage of Utah. 243 (2) To accomplish Subsection (1), the division may directly or through others, by purchase, 244 contract, lease, permit, donation, or otherwise, secure all real or personal property, 245 rights-of-way, approach roads, parking and other areas, structures, facilities, and 246 services that the division [and board ]may consider necessary or desirable to contribute 247 to the pioneer heritage of Utah. 248 Section 13. Section 79-4-1001 is amended to read: 249 79-4-1001 . Purchase, trade, sale, or disposal of buffalo -- Proceeds. 250 (1) In accordance with a plan[,] approved by the [board,] division to manage buffalo herds 251 on Antelope Island, the division may purchase, trade, sell, or dispose of buffalo obtained 252 from Antelope Island through: 253 (a) competitive bidding; or 254 (b) a means as established by rule. 255 (2) Proceeds received from the sale or disposal of buffalo under this section shall be 256 deposited as follows: 257 (a) the first $75,000 shall accrue to the division for the management of Antelope Island 258 buffalo herds as dedicated credits; and 259 (b) proceeds in excess of $75,000 shall be deposited [in] into the [State Park Fees] State 260 Parks Restricted Account created [under] in Section 79-4-402. 261 Section 14. Repealer. 262 This bill repeals: 263 Section 79-4-101, Title. 264 Section 79-4-401, Funds to be appropriated -- Boating account expenses. 265 Section 79-4-802, Riverway enhancement grants -- Matching funds requirements -- - 8 - Enrolled Copy H.B. 490 266 Rules. 267 Section 15. Effective Date. 268 This bill takes effect on May 7, 2025. - 9 -