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Senate floor debate sharpens on trespass bill modeled on Colorado law

Utah State Senate · January 19, 1990
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Summary

Substitute Senate Bill 45, a trespass amendment modeled after Colorado's law, prompted extensive floor debate: sponsors said it protects private-property rights and addresses chronic trespass during hunting season; opponents called it overly restrictive and potentially unenforceable in Utah's landscape.

Lawmakers spent a lengthy portion of the floor session debating substitute Senate Bill 45, a trespass amendment sponsored by Senator Tempest that would increase penalties and reshape enforcement for off‑road trespass and hunting‑season incursions. Sponsor Senator Tempest said the proposal was intended to "wake up" irresponsible sportsmen who cross fences or otherwise trespass on private property, citing repeated incidents—including one he described where people cleaned a deer on his property despite multiple "No trespassing" signs.

Opponents—including senators representing rural or recreational constituencies—warned that the bill could be overly restrictive or impractical in many parts of Utah where land records are difficult to trace. They raised concerns about enforcement capacity, how an individual seeking to hunt or recreate could reasonably identify an owner in remote areas, and the possibility of private groups restricting access by purchasing ground and leasing hunting rights. Several senators recommended alternatives such as enhanced education, a stakeholder task force of landowners, wildlife officers and sportsmen, and stepped-up enforcement rather than dramatic statutory penalties.

Supporters argued the measure was necessary to protect property rights, reduce pollution and vandalism, and discourage careless or unsafe behavior that drives landowners to lock up access. The bill prompted multiple rounds of commentary from members on both sides; procedural steps put portions of the substitute up for roll call and further consideration.

Next steps: The Senate took procedural steps to read the substitute for third reading and proceeded to roll call votes; floor debate and any final vote outcomes will determine whether the bill moves to the House and in what form.