Representative R. Curt Webb proposes the following substitute bill:


1     
SOVEREIGN LANDS AROUND BEAR LAKE

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: R. Curt Webb

5     
Senate Sponsor: Scott K. Jenkins

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to activities on state lands surrounding Bear Lake.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the requirements of the Division of Forestry, Fire, and State Lands to issue
13     a permit to a person to launch and retrieve a motorboat on state lands surrounding
14     Bear Lake;
15          ▸     modifies criminal provisions relating to the use of state lands; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          This bill provides a special effective date.
21     Utah Code Sections Affected:
22     AMENDS:
23          65A-2-6, as enacted by Laws of Utah 2013, Chapter 370
24          65A-3-1, as last amended by Laws of Utah 2013, Chapter 370
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 65A-2-6 is amended to read:
28          65A-2-6. Permitted areas at Bear Lake for launching and retrieving watercraft --
29     Rulemaking authority.
30          [(1) If a person owns property adjacent to state lands surrounding Bear Lake, the
31     division shall issue a permit that allows the person to launch or retrieve a vessel in an area
32     adjacent to the person's property.]
33          (1) As used in this section, "motorboat" means the same as that term is defined in
34     Section 73-18-2.
35          (2) The division shall issue a permit to an applicant that allows the applicant to launch
36     or retrieve a motorboat on state lands surrounding Bear Lake.
37          (3) A permit is required to launch or retrieve a motorboat on state lands surrounding
38     Bear Lake.
39          (4) A permit authorizes a person to launch or retrieve a motorboat if:
40          (a) the person owns private property adjacent to state lands surrounding Bear Lake, or
41     has legal right to occupy or use private property adjacent to state lands surrounding Bear Lake,
42     and the person accesses the water from that private property; or
43          (b) the person accesses the water from a recorded point of public access that allows
44     motor vehicle traffic.
45          [(2)] (5) The division shall, in accordance with Title 63G, Chapter 3, Utah
46     Administrative Rulemaking Act, make rules to administer [Subsection (1)] this section.
47          Section 2. Section 65A-3-1 is amended to read:
48          65A-3-1. Trespassing on state lands -- Penalties.
49          (1) As used in this section:
50          (a) "Anchored" [is as] means the same as that term is defined in Section 73-18-2.
51          (b) "Beached" [is as] means the same as that term is defined in Section 73-18-2.
52          (c) "Motorboat" means the same as that term is defined in Section 73-18-2.
53          [(c)] (d) "Vessel" [is as] means the same as that term is defined in Section 73-18-2.
54          (2) A person is guilty of a class B misdemeanor and liable for the civil damages
55     prescribed in Subsection (4) if, without written authorization from the division, the person:
56          (a) removes, extracts, uses, consumes, or destroys any mineral resource, gravel, sand,
57     soil, vegetation, or improvement on state lands;
58          (b) grazes livestock on state lands;
59          (c) uses, occupies, or constructs improvements or structures on state lands;
60          (d) uses or occupies state lands for more than 30 days after the cancellation or
61     expiration of written authorization;
62          (e) knowingly and willfully uses state lands for commercial gain;
63          (f) appropriates, alters, injures, or destroys any historical, prehistorical, archaeological,
64     or paleontological resource on state lands;
65          (g) camps on [the beds of navigable lakes or rivers] state lands, except in posted [and]
66     or designated areas;
67          (h) camps on [sovereign land] state lands for longer than 15 consecutive days at the
68     same location or within one mile of the same location;
69          (i) camps on [sovereign land] state lands for 15 consecutive days, and then returns to
70     camp at the same location before 15 consecutive days have elapsed after the day on which the
71     person left that location;
72          (j) leaves an anchored or beached vessel unattended for longer than 48 hours on
73     sovereign land or navigable lakes or rivers;
74          (k) anchors or beaches a vessel for longer than 72 hours at the same location, on
75     sovereign land or navigable lakes or rivers, and then fails to move the vessel at least two miles
76     from that location; or
77          (l) parks or operates motor vehicles on the beds of navigable lakes and rivers except in
78     those areas:
79          (i) supervised by the Division of Parks and Recreation or [other] another state or local
80     enforcement entity; and
81          (ii) which are posted as open to vehicle use.
82          (3) A person is guilty of a class C misdemeanor and liable for civil damages described
83     in Subsection (4) if, on state lands surrounding Bear Lake and without written authorization of
84     the division, the person:
85          (a) parks or operates a motor vehicle in an area on the exposed lake bed that is [not]
86     specifically posted by the division as [open] closed for usage;
87          [(b) launches or retrieves a vessel in an area not specifically designated by the division
88     as open for launching or retrieving a vessel;]
89          (b) camps, except in an area that is posted and designated as open to camping;
90          (c) from May 1 through October 31 exceeds a speed limit of [15] 10 miles per hour
91     while operating a motor vehicle;
92          [(d) except as necessary while launching or retrieving a vessel in an area where the
93     person is permitted to launch or retrieve a vessel,]
94          (d) drives recklessly while operating a motor vehicle;
95          (e) parks or operates a motor vehicle within an area between the water's edge and [a
96     line posted by the division;] 100 feet of the water's edge except as necessary to:
97          [(e) except as allowed and posted by the division,]
98          (i) launch or retrieve a motorboat, if the person is permitted to launch or retrieve a
99     motorboat;
100          (ii) transport an individual with limited mobility; or
101          (iii) deposit or retrieve equipment to a beach site;
102          (f) travels in a motor vehicle parallel to the water's edge:
103          (i) in areas designated by the division as closed; or
104          (ii) a distance greater than one-half mile for purposes other than travel to or from a
105     beach site;
106          [(f)] (g) parks or operates a motor vehicle between the hours of 10 p.m. and 7 a.m.; or
107          [(g)] (h) starts a campfire or uses fireworks.
108          (4) A person who commits any act described in Subsection (2) or (3) is liable for
109     damages in the amount of:
110          (a) three times the value of the mineral or other resource removed, destroyed, or
111     extracted;
112          (b) three times the value of damage committed; or
113          (c) three times the consideration which would have been charged by the division for
114     use of the land during the period of trespass.
115          (5) In addition to the damages described in Subsection (4), a person found guilty of a
116     misdemeanor under Subsection (2) or (3) is subject to the penalties provided in Section
117     76-3-204.
118          (6) Money collected under this section shall be deposited in the fund in which similar
119     revenues from that land would be deposited.
120          Section 3. Effective date.
121          If approved by two-thirds of all the members elected to each house, this bill takes effect
122     upon approval by the governor, or the day following the constitutional time limit of Utah
123     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
124     the date of veto override.