H.B. 289

1

COUGAR AND BEAR DEPREDATION LOSS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Beverly Ann Evans
5 AN ACT RELATING TO WILDLIFE DAMAGE COMPENSATION; ALLOWING
6 COMPENSATION FOR THE FULL FAIR MARKET VALUE OF LIVESTOCK DAMAGED
7 BY COUGAR AND BEAR; PROVIDING AN EXCEPTION; APPROPRIATING $150,000
8 FROM THE GENERAL FUND FOR COMPENSATION; AND PROVIDING AN
9 EFFECTIVE DATE.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 23-24-1, as enacted by Chapter 290, Laws of Utah 1990
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 23-24-1 is amended to read:
15 23-24-1. Procedure to obtain compensation for livestock damage done by bear or
16 mountain lion.
17 (1) As used in this section:
18 (a) "Damage" means injury or loss to livestock.
19 (b) "Division" means the Division of Wildlife Resources.
20 (c) "Livestock" means [calves] cattle, sheep, [or lambs] or turkeys.
21 (2) When livestock are damaged by a bear or mountain lion, the owner may receive
22 compensation for [50% of] the fair market value of the damage. To obtain this compensation, the
23 owner of the damaged livestock shall notify the division of the damage as soon as possible, but
24 no later than four days after the damage is discovered. This notification is required each time any
25 damage is discovered.
26 (3) Proof of loss forms, provided by the division, shall be filed no later than 30 days after
27 the original notification of damage was given to the division by the claimant.

1 (4) (a) The division, with the assistance of the Department of Agriculture in making the
2 determination, shall either accept or deny the claim for damages within 30 days after the proof of
3 loss form is filed. The division shall pay all accepted claims to the extent of money appropriated
4 by the Legislature for this purpose, except money appropriated from the Wildlife Resources
5 Account may be used to provide compensation for only up to 50% of the fair market value of any
6 damaged livestock.
7 (b) The division [shall] may not pay mountain lion and bear damage claims to livestock
8 owners who have failed to file with the commissioner of agriculture their completed livestock form
9 and appropriate fee as outlined in Section 4-23-7 for the immediately preceding and current year.
10 (c) If the division denies a claim, except as provided in Subsection (4)(b), the claimant
11 may appeal the decision to a panel consisting of one person selected by the claimant, one person
12 selected by the division, and a third person selected by the first two panel members. The panel
13 shall decide whether the division should pay all or a portion of the claim.
14 (5) The Wildlife Board is authorized, subject to Title 63, Chapter 46a, [the] Utah
15 Administrative Rulemaking Act, to make and enforce rules to administer and enforce this section.
16 Section 2. Appropriation.
17 There is appropriated from the General Fund for fiscal year 1997-98, $150,000 to the
18 Division of Wildlife Resources to compensate livestock owners for livestock damaged by cougar
19 and bear.
20 Section 3. Effective date.
21 This act takes effect on July 1, 1997.




Legislative Review Note
as of 1-29-97 11:58 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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