H.B. 437

This document includes House Floor Amendments incorporated into the bill on Mon, Mar 9, 2009 at 4:19 PM by ddonat. --> 1

OBSTRUCTION OF NATURAL RESOURCE OR
2 AGRICULTURAL PRODUCTION
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Michael E. Noel
6 Senate Sponsor: Stephen H. Urquhart
7
8 LONG TITLE
9 General Description:
10 This bill enacts a provision relating to obstruction of leasing property for natural
11 resource or agricultural production.
12 Highlighted Provisions:
13 This bill:
14 . defines terms; and
15 . establishes a criminal penalty and H. [ mandatory ] .H fine for obstructing a
15a competitive
16 process to lease property for natural resource or agricultural production by placing a
17 bid for a lease with no intent to pay for the lease.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 76-6-523, Utah Code Annotated 1953
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 76-6-523 is enacted to read:

28 76-6-523. Obstruction of the leasing of real property for natural resource or
29 agricultural production -- Criminal penalties.
30 (1) As used in this section:
31 (a) "Competitive process" includes public auction or other public competitive bidding
32 process.
33 (b) "Natural resource or agricultural production" means:
34 (i) the extraction or production of oil, gas, hydrocarbons, or other minerals;
35 (ii) production for commercial purposes of crops, livestock, and livestock products,
36 including grazing; or
37 (iii) activities similar in purpose to those listed in Subsections (1)(b)(i) and (ii).
38 (2) A person is guilty of obstruction of the leasing of real property for natural resource
39 or agricultural production if the person:
40 (a) bids for a lease as part of a competitive process for the lease;
41 (b) does not intend to pay for the lease at the time the person makes the bid described
42 in Subsection (2)(a); and
43 (c) does not pay the lessor in full for the lease as required by the lease agreement.
44 (3) The offense of obstruction of the leasing of real property for natural resource or
45 agricultural production is:
46 (a) a third degree felony; and
47 (b) subject to a minimum H. [ mandatory ] .H fine of not less than $7,500 H. [ , which:
48 (i) may not be altered by the court; and
49 (ii) is in addition to any term of imprisonment the court may impose ] .H .




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