First Substitute H.B. 287

Representative Craig W. Buttars proposes the following substitute bill:

1 WILDLIFE DAMAGE COMPENSATION ACT
2 AMENDMENTS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Craig W. Buttars
6 Senate Sponsor: Beverly Ann Evans
7
8 LONG TITLE
9 General Description:
10 This bill amends the Wildlife Damage Compensation Act.
11 Highlighted Provisions:
12 This bill:
13 . allows a livestock owner to receive compensation for livestock damaged by an
14 eagle; and
15 . makes technical changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 23-24-1, as last amended by Chapters 82 and 325, Laws of Utah 1997
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 23-24-1 is amended to read:

26 23-24-1. Procedure to obtain compensation for livestock damage done by bear,
27 mountain lion, or eagle.
28 (1) As used in this section:
29 (a) "Damage" means injury or loss to livestock.
30 (b) "Division" means the Division of Wildlife Resources.
31 (c) "Livestock" means cattle, sheep, goats, or turkeys.
32 (2) (a) When livestock are damaged by a bear [or], mountain lion, or an eagle, the
33 owner may receive compensation for the fair market value of the damage.
34 (b) To obtain this compensation, the owner of the damaged livestock shall notify the
35 division of the damage as soon as possible, but no later than four days after the damage is
36 discovered. [This notification is required]
37 (c) The owner must notify the division each time any damage is discovered.
38 (3) [Proof] The livestock owner shall file a proof of loss [forms] form, provided by the
39 division, [shall be filed] no later than 30 days after the original notification of damage was
40 given to the division by the [claimant] owner.
41 (4) (a) (i) The division, with the assistance of the Department of Agriculture and Food
42 [in making the determination,] shall [either accept or deny the claim for damages]:
43 (A) within 30 days after the owner files the proof of loss form [is filed. The division
44 shall], either accept or deny the claim for damages; and
45 (B) subject to Subsections (4)(a)(ii) through (4)(a)(iv), pay all accepted claims to the
46 extent [of] money appropriated by the Legislature is available for this purpose[, except money].
47 (ii) Money appropriated from the Wildlife Resources Account may be used to provide
48 compensation for only up to 50% of the fair market value of any damaged livestock.
49 (iii) Money appropriated from the Wildlife Resources Account may not be used to
50 provide compensation for livestock damaged by an eagle.
51 (iv) The division may not pay any eagle damage claim until the division has paid all
52 accepted mountain lion and bear damage claims for the fiscal year.
53 (b) The division may not pay mountain lion [and], bear, or eagle damage claims to a
54 livestock [owners who have failed to file with the commissioner of agriculture and food their]
55 owner unless the owner has filed a completed livestock form and the appropriate fee as
56 outlined in Section 4-23-7 for the immediately preceding and current year.

57 (c) [If] (i) Unless the division denies a claim[, except as provided] for the reason
58 identified in Subsection (4)(b), the [claimant] owner may appeal the decision to a panel
59 consisting of one person selected by the [claimant] owner, one person selected by the division,
60 and a third person selected by the first two panel members.
61 (ii) The panel shall decide whether the division should pay all [or] of the claim, a
62 portion of the claim, or none of the claim.
63 (5) [The] By following the procedures and requirements of Title 63, Chapter 46a, Utah
64 Administrative Rulemaking Act, the Wildlife Board [is authorized, subject to Title 63, Chapter
65 46a, Utah Administrative Rulemaking Act, to] may make and enforce rules to administer and
66 enforce this section.