Enrolled Copy H.B. 490
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State Parks Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Clinton D. Okerlund
Senate Sponsor: Derrin R. Owens
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LONG TITLE
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General Description:
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This bill addresses the Division of State Parks.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ removes a requirement for the Division of State Parks (division) to comply with the Utah
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Procurement Code in selecting concessionaires in state parks;
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▸ requires the division to operate, to the extent possible, from money and revenue collected
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as fees and charges;
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▸ requires the director to implement a comprehensive plan for the long-term use of state
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parks developed by the division;
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▸ grants rulemaking authority to the division to administer the state parks system;
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▸ renames the State Parks Restricted Account;
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▸ repeals sections related to boating accounts and river enhancement grants; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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76-6-206.2, as last amended by Laws of Utah 2023, Chapter 111
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79-4-102, as last amended by Laws of Utah 2024, Chapter 507
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79-4-201, as last amended by Laws of Utah 2021, Chapter 280 H.B. 490 Enrolled Copy
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79-4-202, as last amended by Laws of Utah 2021, Chapter 280
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79-4-203, as last amended by Laws of Utah 2022, Chapter 68
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79-4-206, as renumbered and amended by Laws of Utah 2009, Chapter 344
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79-4-402, as last amended by Laws of Utah 2023, Chapter 33
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79-4-403, as last amended by Laws of Utah 2010, Chapters 256, 391
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79-4-603, as renumbered and amended by Laws of Utah 2009, Chapter 344
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79-4-604, as renumbered and amended by Laws of Utah 2009, Chapter 344
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79-4-901, as renumbered and amended by Laws of Utah 2009, Chapter 344
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79-4-1001, as last amended by Laws of Utah 2010, Chapter 391
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ENACTS:
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79-4-207, Utah Code Annotated 1953
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REPEALS:
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79-4-101, as last amended by Laws of Utah 2021, Chapter 280
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79-4-401, as last amended by Laws of Utah 2021, Chapter 280
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79-4-802, as renumbered and amended by Laws of Utah 2009, Chapter 344
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 76-6-206.2 is amended to read:
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76-6-206.2 . Criminal trespass on state park lands.
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(1)(a) As used in this section:
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(i) "Authorization" means specific written permission by, or contractual agreement
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with, the Division of State Parks.
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(ii) "Criminal trespass" means the elements of the crime of criminal trespass, as set
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forth in Section 76-6-206.
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(iii) "Division" means the Division of State Parks created in Section 79-4-201.
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(iv) "State park lands" means all lands administered by the division.
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(b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
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(2) An actor commits criminal trespass on state park lands and is liable for the civil
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damages prescribed in Subsection (5) if, under circumstances not amounting to a greater
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offense, and without authorization, the actor:
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(a) constructs improvements or structures on state park lands;
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(b) uses or occupies state park lands for more than 30 days after the cancellation or
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expiration of authorization;
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(c) knowingly or intentionally uses state park lands for commercial gain;
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(d) intentionally or knowingly grazes livestock on state park lands, except as provided in
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Section 72-3-112; or
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(e) remains, after being ordered to leave by a person with actual authority to act for the
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division, or by a law enforcement officer.
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(3) A violation of Subsection (2) is a class B misdemeanor.
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(4) A person does not commit criminal trespass if that person enters onto state park lands:
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(a) without first paying the required fee; and
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(b) for the sole purpose of pursuing recreational activity.
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(5)(a) In addition to an order for restitution under Section 77-38b-205, an actor who
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commits any act described in Subsection (2) may also be liable for civil damages in
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the amount of three times the value of:
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(i) damages resulting from a violation of Subsection (2);
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(ii) the water, mineral, vegetation, improvement, or structure on state park lands that
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is removed, destroyed, used, or consumed without authorization;
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(iii) the historical, prehistorical, archaeological, or paleontological resource on state
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park lands that is removed, destroyed, used, or consumed without authorization; or
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(iv) the consideration which would have been charged by the division for
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unauthorized use of the land and resources during the period of trespass.
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(b) Civil damages awarded under Subsection (5)(a):
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(i) may be collected in a separate action by the division; and
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(ii) shall be deposited into the [State Park Fees] State Parks Restricted Account as
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established in Section 79-4-402.
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Section 2. Section 79-4-102 is amended to read:
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79-4-102 . Definitions.
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As used in this chapter:
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(1) "Division" means the Division of State Parks.
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(2) "Facility" means the same as that term is defined in Section 51-9-901.
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(3) "Outdoor recreation infrastructure" means the same as that term is defined in Section
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51-9-901.
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Section 3. Section 79-4-201 is amended to read:
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79-4-201 . Division of State Parks -- Creation -- Powers and authority.
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(1) There is created within the department the Division of State Parks.
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(2) The division is under[:]
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[(a)] the administration and general supervision of the executive director[; and] .
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[(b) the policy direction of the board.]
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(3) The division is the state parks authority for the state.
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Section 4. Section 79-4-202 is amended to read:
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79-4-202 . Director -- Qualifications -- Duties.
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(1) The director is the executive and administrative head of the division.
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(2) The director shall demonstrate:
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(a) executive ability; and
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(b) actual experience and training in the conduct of park systems involving both physical
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development and program.
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(3) The director shall:
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(a) enforce the policies and rules of the [board; and] division;
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(b) perform the duties necessary to:
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(i) properly care for and maintain any property under the jurisdiction of the division;
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and
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(ii) carry out this chapter[.] ; and
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(c) implement the comprehensive plan for long-term public use of state park resources
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developed by the division under Subsection 79-4-203(12).
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(4) The director shall acquire, plan, protect, develop, operate, use, and maintain park area
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and facilities in accordance with the policies and rules of the [board] division.
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Section 5. Section 79-4-203 is amended to read:
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79-4-203 . Powers and duties of division.
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(1) As used in this section, "real property" includes land under water, upland, and all other
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property commonly or legally defined as real property.
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(2) The Division of Wildlife Resources shall retain the power and jurisdiction conferred
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upon the Division of Wildlife Resources by law within state parks and on property
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controlled by the Division of State Parks with reference to fish and game.
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(3) The division shall permit multiple use of state parks and property controlled by the
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division for purposes such as grazing, fishing, hunting, camping, mining, and the
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development and utilization of water and other natural resources.
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(4)(a) The division may acquire real and personal property in the name of the state by all
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legal and proper means, including purchase, gift, devise, eminent domain, lease,
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exchange, or otherwise, subject to the approval of the executive director and the
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governor.
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(b) In acquiring any real or personal property, the credit of the state may not be pledged
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without the consent of the Legislature.
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(5)(a) Before acquiring any real property, the division shall notify the county legislative
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body of the county where the property is situated of the division's intention to acquire
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the property.
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(b) If the county legislative body requests a hearing within 10 days of receipt of the
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notice, the division shall hold a public hearing in the county concerning the matter.
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(6) Acceptance of gifts or devises of land or other property is at the discretion of the
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division, subject to the approval of the executive director and the governor.
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(7) The division shall acquire property by eminent domain in [the manner authorized by]
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accordance with Title 78B, Chapter 6, Part 5, Eminent Domain.
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(8)(a) The division may make charges for special services and use of [facilities] a facility
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or outdoor recreation infrastructure, the [income] revenue from which is available for
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park purposes.
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(b) The division may conduct and operate[ those] services necessary for the comfort and
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convenience of the public.
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(9)[(a)] The division may set reasonable charges to lease or rent concessions [of all
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lawful kinds and nature in state parks and property to persons, partnerships, and
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corporations for a valuable consideration upon the recommendation of the board] in a
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state park or on property owned by the division.
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[(b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in
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selecting concessionaires.]
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(10) The division shall proceed without delay to negotiate with the federal government
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concerning the Weber Basin and other recreation and reclamation projects.
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(11) The division shall, to the extent possible, implement the requirements of this chapter
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from revenue the division collects from:
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(a) charges for special services, use of a park facility, and use of an outdoor recreation
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infrastructure; and
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(b) service or regulatory fees.
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(12)(a) The division shall develop a comprehensive plan for the long-term public use of
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state parks and state park resources related to the:
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(i) acquisition of land and resources;
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(ii) protection of state parks and the public;
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(iii) operation of state parks;
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(iv) maintenance of state parks and division resources; and
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(v) development of state parks and division resources.
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(b) In developing a comprehensive plan under Subsection (12)(a), the division shall
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consider:
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(i) recreational utility;
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(ii) the public benefit in the historical, archaeological, and scientific resources in state
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parks; and
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(iii) the health and wholesome enjoyment of the public.
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Section 6. Section 79-4-206 is amended to read:
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79-4-206 . Support of a nonprofit corporation or foundation.
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The division may provide administrative support to a nonprofit corporation or
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foundation that assists[ the board and] the division in attaining the objectives outlined in the
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strategic or operational plan.
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Section 7. Section 79-4-207 is enacted to read:
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79-4-207 . Division rulemaking authority.
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(1) The division may make rules to:
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(a) govern the use of the state park system, including to:
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(i) determine when to close or partially close a state park; and
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(ii) establish use or access restrictions within a state park; and
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(b) protect a natural or cultural resource in a state park from misuse or damage.
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(2) The division shall make rules to:
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(a) govern the collection of charges under Subsection 79-4-203(8); and
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(b) implement a program for veteran access to state parks as described in Section
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79-4-1002.
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(3) The division may not make rules that prevent the transfer of livestock along a livestock
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highway established under Section 72-3-112.
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(4) The division shall makes rules under this section in accordance with Title 63G, Chapter
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3, Utah Administrative Rulemaking Act.
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Section 8. Section 79-4-402 is amended to read:
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79-4-402 . State Parks Restricted Account.
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(1) There is created within the General Fund a restricted account known as the [State Park
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Fees] State Parks Restricted Account.
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(2)(a) Except as provided in Subsection (2)(b), the account shall consist of revenue from:
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(i) all charges allowed under Section 79-4-203;
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(ii) proceeds from the sale or disposal of buffalo under Subsection 79-4-1001(2)(b);
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and
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(iii) civil damages collected under Section 76-6-206.2.
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(b) The account shall not include revenue the division receives under Section 79-4-403
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and Subsection 79-4-1001(2)(a).
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(3) The division shall use funds in this account for the purposes described in Section
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79-4-203.
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Section 9. Section 79-4-403 is amended to read:
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79-4-403 . Golf revenue -- Wasatch Mountain, Palisade, and Green River State
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Parks.
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(1) The following [user fees] charges are assessed in the following parks for playing nine
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holes of golf:
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(a) [15] 30% of the [green fees] revenue at Wasatch Mountain State Park;
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(b) [15] 30% of the [green fees] revenue at Palisade State Park; and
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(c) [15] 30% of the [green fees] revenue at Green River State Park.
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(2) [The fee] A charge in Subsection (1) is:
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(a) in addition to [the fee] a charge set by the [board] division; and
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(b) to be used at the park where the money is collected for:
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(i) the upgrade or development of facilities; or
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(ii) the purchase of golf course operation and maintenance equipment and operating
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supplies or materials.
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Section 10. Section 79-4-603 is amended to read:
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79-4-603 . Iron Mission Historical Monument -- Acceptance of gifts from Iron
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Mission Park Corporation.
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The [board] division shall accept on behalf of the state the Gronway Parry collection of
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horse-drawn vehicles, horses, harnesses, figures, costumes, and horse-drawn machinery of the
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pioneer era, the Melling log cabin, the Osborne blacksmith collection, and a metal exhibit
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building, all being gifts to the state from the Iron Mission Park Nonprofit Corporation.
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Section 11. Section 79-4-604 is amended to read:
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79-4-604 . Iron Mission Historical Monument -- Acquisition of property.
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The division may:
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(1) acquire, construct, maintain, and operate any land areas, objects, or structures as
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necessary to preserve, protect, display, and enhance:
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(a) the gifts described in Section 79-4-603; and
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(b) other historical objects or collections donated, loaned, or otherwise acquired that
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appropriately contribute to the pioneer heritage of Utah; and
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(2) acquire, directly or through others, by purchase, contract, lease, permit, donations, or
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otherwise, all real or personal property, rights-of-way, approach roads, parking and other
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areas, structures, facilities and services that the division[ and board] may consider
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necessary or desirable to accomplish Subsection (1).
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Section 12. Section 79-4-901 is amended to read:
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79-4-901 . Pioneer heritage of Utah -- Acquisitions and operations by division.
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(1) The division may acquire, construct, maintain, and operate any land areas, objects, or
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structures as necessary to preserve, protect, display, and enhance any gifts and other
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historical objects or collections donated, loaned, or otherwise acquired that appropriately
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contribute to the pioneer heritage of Utah.
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(2) To accomplish Subsection (1), the division may directly or through others, by purchase,
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contract, lease, permit, donation, or otherwise, secure all real or personal property,
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rights-of-way, approach roads, parking and other areas, structures, facilities, and
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services that the division [and board ]may consider necessary or desirable to contribute
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to the pioneer heritage of Utah.
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Section 13. Section 79-4-1001 is amended to read:
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79-4-1001 . Purchase, trade, sale, or disposal of buffalo -- Proceeds.
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(1) In accordance with a plan[,] approved by the [board,] division to manage buffalo herds
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on Antelope Island, the division may purchase, trade, sell, or dispose of buffalo obtained
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from Antelope Island through:
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(a) competitive bidding; or
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(b) a means as established by rule.
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(2) Proceeds received from the sale or disposal of buffalo under this section shall be
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deposited as follows:
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(a) the first $75,000 shall accrue to the division for the management of Antelope Island
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buffalo herds as dedicated credits; and
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(b) proceeds in excess of $75,000 shall be deposited [in] into the [State Park Fees] State
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Parks Restricted Account created [under] in Section 79-4-402.
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Section 14. Repealer.
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This bill repeals:
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Section 79-4-101, Title.
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Section 79-4-401, Funds to be appropriated -- Boating account expenses.
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Section 79-4-802, Riverway enhancement grants -- Matching funds requirements --
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Rules.
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Section 15. Effective Date.
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This bill takes effect on May 7, 2025.
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