Senate advances bill tightening notice and trespass enforcement on school trust lands

The Utah Senate advanced SB77 to third reading on Jan. 21 after debate over mining claims on school trust lands and enforcement for trespass.

Senator Dave Steele, sponsor, said the bill establishes an intent to have an effective filing system for unpatented federal mining claims on trust lands and requires owners to file notice of intent, legal description, and other information before Jan. 1, 1998. ‘‘Failure to file the notice required by this section constitutes an abandonment of the claim by the owner,’’ Steele said while walking senators through the bill’s notification steps and enforcement provisions.

The bill also includes a provision directing the director of trust lands to deposit some monies collected from trespass penalties to local municipalities as an incentive to assist with enforcement. Steele said that localities often lack incentives and resources to address off-road vehicle damage and other trespass-related degradation.

Concerns and clarifications: Senators asked about grazing and casual collectors. Senator Jones said he did not want ranchers penalized when stock wander onto school land; another senator raised the example of rock collectors who pick up surface stones and asked that the language not criminalize casual activity. Steele said he would work with colleagues to refine language ahead of third reading.

Vote and process: The chair called the question and the clerk announced SB77 received 24 aye votes, no nay votes and 5 absent; SB77 was placed on the third-reading calendar.

Sponsor and follow-up: Senator Steele sponsored the bill and offered to work with colleagues on exemptions or clarifying language for grazing and noncommercial collectors before final passage.