S.B. 13

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Jan 28, 2009 at 11:19 AM by rday. --> 1

ADMINISTERING SUBSTANCES TO
2 WILDLIFE
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Margaret Dayton
6 House Sponsor: Roger E. Barrus
7
8 LONG TITLE
9 Committee Note:
10 The Natural Resources, Agriculture, and Environment Interim Committee
11 recommended this bill.
12 General Description:
13 This bill enacts a provision relating to wildlife.
14 Highlighted Provisions:
15 This bill:
16 . defines terms; and
17 . prohibits a person from administering a substance to wildlife, except in certain
18 circumstances.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 23-13-19, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:

Text Box
- 2 -

Senate 2nd Reading Amendments 1-28-2009 rd/erb 28

Section 1. Section 23-13-19 is enacted to read:
29 23-13-19. Administering substances to protected wildlife prohibited -- Exceptions.
30 (1) For purposes of this section:
31 (a) "Administer" means the application of a substance by any method, including:
32 (i) injection;
33 (ii) inhalation;
34 (iii) ingestion; or
35 (iv) absorption.
36 (b) "Agricultural producer" means a person who produces an agricultural product.
37 (c) "Agricultural product" is as defined in Section 4-1-8 .
38 (d) "Substance" means a chemical or organic substance that:
39 (i) pacifies;
40 (ii) sedates;
41 (iii) immobilizes;
42 (iv) harms;
43 (v) kills;
44 (vi) controls fertility; or
45 (vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).
46 (2) Except as authorized by Subsection (3) or a rule made by the Wildlife Board, a
47 person may not administer or attempt to administer a substance to protected wildlife.
48 (3) (a) A division employee or a person with written permission from the division may
49 administer a substance to protected wildlife if that employee or person administers the
50 substance to promote wildlife management and conservation.
51 (b) One or more of the following may administer a substance to protected wildlife that
52 the person is authorized by this title, the Wildlife Board, or the division to possess:
53 (i) a licensed veterinarian;
54 (ii) an unlicensed assistive personnel, as defined in Section 58-28-102 ; or
55 (iii) a person who is following written instructions for veterinary care from a licensed
56 veterinarian.
57 (4) S. [ An agricultural producer ] A person .S is not liable under this section for
57a administering a
58 substance, notwithstanding the substance has an effect described in Subsection (1)(d) on

Text Box
- 3 -

Senate 2nd Reading Amendments 1-28-2009 rd/erb 59

protected wildlife, if S. [ the ] :
59a (a) an .S agricultural producer administers the substance:
60 S. [ (a) ] (i) .S for the sole purpose of producing an agricultural product and not for the
60a purpose of
61 affecting protected wildlife in a manner described in Subsection (1)(d);
62 S. [ (b) ] (ii) .S consistent with generally accepted agricultural practices; and
63 S. [ (c) ] (iii) .S in compliance with applicable local, state, and federal law S. [ . ] ; or
63a (b) the protected wildlife presents an immediate threat of death or serious bodily injury
63b to a person. .S

Legislative Review Note
as of 8-20-08 4:39 PM

Office of Legislative Research and General Counsel