Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 317 Second Substitute (2022GS)

Sponsor

Rep. Owens, D.

Final action

Governor Signed 3/23/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• clarifies that "motor vehicle" includes an off-highway vehicle in the context of prohibiting operation of a motor vehicle on the bed of a navigable lake or river; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SOVEREIGN LANDS TRESPASSING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor: 
Scott D. Sandall
Cosponsor:
Suzanne Harrison
LONG TITLE
General Description:
This bill adds a definition for "motor vehicle" to the statute prohibiting trespassing on
the bed of a navigable lake or river.
Highlighted Provisions:
This bill:
▸ clarifies that "motor vehicle" includes an off-highway vehicle in the context of
prohibiting operation of a motor vehicle on the bed of a navigable lake or river; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
65A-3-1
, as last amended by Laws of Utah 2021, Chapter 280
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
65A-3-1
 is amended to read:
65A-3-1.
Trespassing on state lands -- Penalties.
(1) As used in this section:
(a) "Anchored" means the same as that term is defined in Section 
73-18-2
.
(b) "Beached" means the same as that term is defined in Section 
73-18-2
.
(c) "Motorboat" means the same as that term is defined in Section 
73-18-2
.
(d) "Motor vehicle" means the same as that term is defined in Section 
41-22-2
.
[
(d)
] 
(e)
 "Vessel" means the same as that term is defined in Section 
73-18-2
.
(2) A person is guilty of a class B misdemeanor and liable for the civil damages
prescribed in Subsection (4) if, without written authorization from the division, the person:
(a) removes, extracts, uses, consumes, or destroys any mineral resource, gravel, sand,
soil, vegetation, or improvement on state lands;
(b) grazes livestock on state lands;
(c) uses, occupies, or constructs improvements or structures on state lands;
(d) uses or occupies state lands for more than 30 days after the cancellation or
expiration of written authorization;
(e) knowingly and willfully uses state lands for commercial gain;
(f) appropriates, alters, injures, or destroys any historical, prehistorical, archaeological,
or paleontological resource on state lands;
(g) starts or maintains a fire on state lands except in a posted and designated area;
(h) camps on state lands, except in posted or designated areas;
(i) camps on state lands for longer than 15 consecutive days at the same location or
within one mile of the same location;
(j) camps on state lands for 15 consecutive days, and then returns to camp at the same
location before 15 consecutive days have elapsed after the day on which the person left that
location;
(k) leaves an anchored or beached vessel unattended for longer than 48 hours on state
lands;
(l) anchors or beaches a vessel on state lands at the same location for longer than 72
hours or within two miles of the same location for longer than 72 hours;
(m) anchors or beaches a vessel on state lands at the same location for 72 hours, and
then returns to anchor or beach the vessel at the same location or within two miles of the same
location before 72 hours have elapsed after the day on which the person left that location;
(n) posts a sign claiming state land as private property;
(o) prohibits, prevents, or obstructs public entry to state land where public entry is
authorized by the division; or
(p) parks or operates a motor vehicle on the bed of a navigable lake or river except in
those areas:
(i) supervised by the Division of State Parks, the Division of Recreation, or another
state or local enforcement entity; and
(ii) which are posted as open to vehicle use.
(3) A person is guilty of a class C misdemeanor and liable for civil damages described
in Subsection (4) if, on state lands surrounding Bear Lake and without written authorization of
the division, the person:
(a) parks or operates a motor vehicle in an area on the exposed lake bed that is
specifically posted by the division as closed for usage;
(b) camps, except in an area that is posted and designated as open to camping;
(c) exceeds a speed limit of 10 miles per hour while operating a motor vehicle;
(d) drives recklessly while operating a motor vehicle;
(e) parks or operates a motor vehicle within an area between the water's edge and 100
feet of the water's edge except as necessary to:
(i) launch or retrieve a motorboat, if the person is permitted to launch or retrieve a
motorboat;
(ii) transport an individual with limited mobility; or
(iii) deposit or retrieve equipment to a beach site;
(f) travels in a motor vehicle parallel to the water's edge:
(i) in areas designated by the division as closed;
(ii) a distance greater than 500 yards; or
(iii) for purposes other than travel to or from a beach site;
(g) parks or operates a motor vehicle between the hours of 10 p.m. and 7 a.m.; or
(h) starts a campfire or uses fireworks.
(4) A person who commits any act described in Subsection (2) or (3) is liable for
damages in the amount of:
(a) three times the value of the mineral or other resource removed, destroyed, or
extracted;
(b) three times the value of damage committed; or
(c) three times the consideration which would have been charged by the division for
use of the land during the period of trespass.
(5) In addition to the damages described in Subsection (4), a person found guilty of a
misdemeanor under Subsection (2) or (3) is subject to the penalties provided in Section
76-3-204
.
(6) Money collected under this section shall be deposited in the fund in which similar
revenues from that land would be deposited.