H.B. 138 Enrolled

TRESPASSING ON STATE PARK LANDS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Sheryl L. Allen

LONG TITLE
General Description:
This bill establishes penalties for trespassing on state park land and allows the division to
sue for treble damages in a civil lawsuit, which damages shall be deposited in the State
Park Fees Restricted Account.
Highlighted Provisions:
This bill:
. establishes penalties and civil damages for trespass on state park lands;
. establishes penalties and civil damages for other activities on state park lands such as
using certain resources, grazing, or occupying land; and
. allows the Division of Parks and Recreation to sue for treble damages in a civil
lawsuit, which damages shall be deposited in the State Park Fees Restricted
Account.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill takes effect on July 1, 2004.
Utah Code Sections Affected:
AMENDS:
63-11-66, as enacted by Chapter 336, Laws of Utah 2003
ENACTS:
76-6-206.2, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:

Section 1. Section 63-11-66 is amended to read:
63-11-66. State Park Fees Restricted Account.
(1) There is created within the General Fund a restricted account known as the State Park
Fees Restricted Account.
(2) (a) Except as provided in Subsection (2)(b), the account shall consist of revenue from:
(i) all charges allowed under Subsection 63-11-17 (8); [and]
(ii) proceeds from the sale or disposal of buffalo under Subsection 63-11-19.2 (2)(b)[.];
and
(iii) civil damages collected under Section 76-6-206.2 .
(b) The account shall not include revenue the division receives under Sections
63-11-19.5 , 63-11-19.6 , and Subsection 63-11-19.2 (2)(a).
(3) The division shall use funds in this account for the purposes described in Section
63-11-17 .
Section 2. Section 76-6-206.2 is enacted to read:
76-6-206.2. Criminal trespass on state park lands -- Penalties.
(1) For purposes of this section:
(a) "Authorization" means specific written permission by, or contractual agreement with,
the Division of Parks and Recreation.
(b) "Criminal trespass" means the elements of the crime of criminal trespass, as set forth
in Section 76-6-206 .
(c) "Division" means the Division of Parks and Recreation, as referred to in Section
63-11-3.1 .
(d) "State park lands" means all lands administered by the division.
(2) A person is guilty of criminal trespass on state park lands and is liable for the civil
damages prescribed in Subsection (5) if, under circumstances not amounting to a greater offense,
and without authorization, the person:
(a) constructs improvements or structures on state park lands;
(b) uses or occupies state park lands for more than 30 days after the cancellation or

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expiration of authorization;
(c) knowingly or intentionally uses state park lands for commercial gain;
(d) intentionally or knowingly grazes livestock on state park lands, except as provided in
Section 72-3-112 ; or
(e) remains, after being ordered to leave by someone with actual authority to act for the
division, or by a law enforcement officer.
(3) A person is not guilty of criminal trespass if that person enters onto state park lands:
(a) without first paying the required fee; and
(b) for the sole purpose of pursuing recreational activity.
(4) A violation of Subsection (2) is a class B misdemeanor.
(5) In addition to restitution, as provided in Section 76-3-201 , a person who commits any
act described in Subsection (2) may also be liable for civil damages in the amount of three times
the value of:
(a) damages resulting from a violation of Subsection (2);
(b) the water, mineral, vegetation, improvement, or structure on state park lands that is
removed, destroyed, used, or consumed without authorization;
(c) the historical, prehistorical, archaeological, or paleontological resource on state park
lands that is removed, destroyed, used, or consumed without authorization; or
(d) the consideration which would have been charged by the division for unauthorized use
of the land and resources during the period of trespass.
(6) Civil damages under Subsection (5) may be collected in a separate action by the
division, and shall be deposited in the State Parks Fees Restricted Account as established in
Section 63-11-66 .
Section 3. Effective date.
This bill takes effect on July 1, 2004.

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