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House debates bill to deem wildlife taken while trespassing a crime
Summary
Lawmakers debated House Bill 40, which would make taking wildlife while trespassing a Class B misdemeanor where the landowner complains. Sponsors said the bill protects private landowners; lawmakers pressed on scope, posted-land limits and a proposed amendment to remove exemptions.
Salt Lake City — The Utah House of Representatives opened debate on House Bill 40, a proposal the sponsor said would make it a Class B misdemeanor to take wildlife while trespassing if a landowner files a complaint. The bill was read for the first time and set for further consideration.
The sponsor told the House the measure responds to situations in which hunters who hold valid licenses or permits may nevertheless enter private land without permission and keep game, while currently facing only trespass citations. "This bill would make it so if you are trespassing, when you take wildlife, it will be now deemed illegally taking wildlife because you were trespassing while you took the wildlife," the sponsor said.
Lawmakers pressed the sponsor on several points. Representative (Speaker 3) asked whether purchasing a permit or license would protect hunters from losing rights to keep animals if trespass allegations arise and whether the bill applies only to posted (closed) lands. The sponsor clarified that "buying a permit, buying a license does not grant permission to trespass on anyone's property" and that under current law hunting non-posted private land is not trespassing; the sponsor said the bill focuses on situations involving entry without permission.
Representative (Speaker 3) announced an amendment to delete language the member described as a "litany of exemptions" that, in the member's view, would allow the wildlife board or other authorities to exempt particular areas from the statute. "I think if the law is important and the issue is important, let's protect all private land owners equally and not write the exceptions in," the member said while offering the amendment.
Several representatives signaled support for considering the amendment and the sponsor requested assistance from legal counsel to assess its wording. Floor procedure included a brief procedural motion about suspending rules that was withdrawn after members confirmed it was unnecessary.
Procedurally, the clerk noted that HB 40 will be read for the second time and placed on the calendar for a third reading; the amendment offered was under consideration on the floor. The House did not record a final vote on the amendment or the bill in the provided transcript excerpt.
