Memorials by the state or state agencies

(1) As used in this section: (a) "Authorizing agency" means an agency that holds title to state land. (b) "Authorizing agency" does not mean a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or a special service district under Title 17D, Chapter 1, Special Service District Act. (2) The Legislature, the governor, or an authorizing agency may authorize the use or donation of state land for the purpose of maintaining, erecting, or contributing to the erection or maintenance of a memorial to commemorate individuals who have: (a) participated in or have given their lives in any of the one or more wars or military conflicts in which the United States of America has been a participant; or (b) given their lives in association with public service on behalf of the state, including firefighters, peace officers, highway patrol officers, or other public servants. (3) The use or donation of state land in relation to a memorial described in Subsection (2) may include: (a) using or appropriating public funds for the purchase, development, improvement, or maintenance of state land on which a memorial is located or established; (b) using or appropriating public funds for the erection, improvement, or maintenance of a memorial; (c) donating or selling state land for use in relation to a memorial; or (d) authorizing the use of state land for a memorial that is funded or maintained in part or in full by another public or private entity. (4) The Legislature, the governor, or an authorizing agency may specify the form, placement, and design of a memorial that is subject to this section if the Legislature, the governor, or the authorizing agency holds title to, has authority over, or donates the land on which a memorial is established. (5) A memorial within the definition of a capital development project, as defined in Section 63A-5b-401, is required to be approved as provided for in Section 63A-5b-402. (6) Nothing in this section may be construed as a prohibition of a memorial, including a memorial for a purpose not covered by this section, that: (a) is erected within the approval requirements in effect at the time of the memorial's erection; or (b) may be duly authorized through other legal means.