First Substitute S.B. 51

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Mar 1, 2010 at 11:45 AM by rday. -->

Senator Lyle W. Hillyard proposes the following substitute bill:

1 BIOPROSPECTING
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Lyle W. Hillyard
5 House Sponsor: Fred R Hunsaker
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to state lands to address requirements related to
10 bioprospecting.
11 Highlighted Provisions:
12 This bill:
13 . enacts the Utah Bioprospecting Act, including:
14 . defining terms;
15 . providing for the scope of the chapter;
16 . requiring registration;
17 . providing for the state's reservation of economic rights; and
18 . providing for penalties.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 65A-14-101, Utah Code Annotated 1953

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65A-14-102, Utah Code Annotated 1953
27 65A-14-103, Utah Code Annotated 1953
28 65A-14-104, Utah Code Annotated 1953
29 65A-14-201, Utah Code Annotated 1953
30 65A-14-202, Utah Code Annotated 1953
31 65A-14-301, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 65A-14-101 is enacted to read:
35 CHAPTER 14. UTAH BIOPROSPECTING ACT
36 Part 1. General Provisions
37 65A-14-101. Title
38 This chapter is known as the "Utah Bioprospecting Act."
39 Section 2. Section 65A-14-102 is enacted to read:
40 65A-14-102. Definitions.
41 As used in this chapter:
42 (1) (a) "Bioprospecting" means the removal from a natural environment for research or
43 commercial use of:
44 (i) a naturally occurring microorganism, plant, or fungus; or
45 (ii) information concerning a naturally occurring microorganism's, plant's, or S. [ fungus's ]
45a fungus' .S
46 physical or genetic properties.
47 (b) "Bioprospecting" does not include:
48 (a) horticultural cultivation, except for horticultural genetic engineering conducted in a
49 manner otherwise constituting bioprospecting;
50 (b) an agricultural enterprise;
51 (c) a forest and range management practice;
52 (d) invasive weed management;
53 (e) Christmas tree and related sales; or
54 (f) incidental removal of a microorganism, plant, or fungus while engaged in bona fide
55 research or commercial enterprises.
56 (2) "Nonfederal public land" means land in the state that:

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(a) is not owned, controlled, or held in trust by the federal government; and
58 (b) (i) is owned or controlled by:
59 (A) the state;
60 (B) a county, city, or town; or
61 (C) a governmental entity other than the federal government; or
62 (ii) is school and institutional trust lands, as defined in Section 53C-1-103 .
63 Section 3. Section 65A-14-103 is enacted to read:
64 65A-14-103. Scope of chapter.
65 (1) This chapter does not modify or replace any other requirement under federal, state S. , .S
66 or local law related to an act that under this chapter is considered bioprospecting, including any
67 requirement to obtain the permission of a landowner.
68 (2) This chapter applies only to non-federal public land.
69 Section 4. Section 65A-14-104 is enacted to read:
70 65A-14-104. Rulemaking.
71 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
72 division may make rules necessary to fulfill the purposes of this chapter.
73 Section 5. Section 65A-14-201 is enacted to read:
74 Part 2. Registration for Bioprospecting
75 65A-14-201. Registration for bioprospecting.
76 (1) (a) On and after July 1, 2011, before engaging in an act of bioprospecting S. , .S a
76a person
77 shall register with the division.
78 (b) A registration under this chapter expires on June 30 of each year.
79 (2) To register with the division or renew a registration, a person shall:
80 (a) submit a registration form created by the division in accordance with Subsection
81 (3); and
82 (b) pay a fee established by the division in accordance with Section 63J-1-504 .
83 (3) The division shall create, by rule made in accordance with Title 63G, Chapter 3,
83a S. Utah .S
84 Administrative Rulemaking Act, a registration form for purposes of this chapter that includes:
85 (a) notice of the state's reservation of economic interests provided in Section
86 65A-14-202 ;
87 (b) a statement to be signed by a person who registers that states that the person agrees

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to negotiate as described in Section 65A-14-202 ; and
89 (c) a requirement that the person lists the locations at which the person anticipates
90 bioprospecting during the 12-month period of the registration.
91 Section 6. Section 65A-14-202 is enacted to read:
92 65A-14-202. Reservation of economic interests -- Agreement to negotiate in good
93 faith.
94 (1) The right of a person to engage in an act of bioprospecting in this state is subject to
95 the state's reservation of any right the state may have to an economic benefit derived from:
96 (a) the act of S. [ biopropsecting ] bioprospecting .S ;
97 (b) a microorganism, plant, or S. [ fungi ] fungus .S removed from a natural environment
97a in the state;
98 or
99 (c) information concerning a microorganism's, plant's, or fungus' physical or genetic
100 properties removed from a natural environment in the state.
101 (2) A person may not engage in an act of bioprospecting in this state if the person, as
102 part of the registration required under Section 65A-14-201 , does not agree in writing to
103 negotiate in good faith with the state if the state asserts an economic interest described in
104 Subsection (1).
105 Section 7. Section 65A-14-301 is enacted to read:
106 Part 3. Penalties
107 65A-14-301. Economic benefits of bioprospecting denied.
108 (1) A person who engages in an act of bioprospecting in violation of this chapter is
109 guilty of criminal trespass punishable in accordance with Section 76-6-206 .
110 (2) If found guilty of a violation under this chapter, a court may in addition to a penalty
111 imposed under Section 76-6-206 S. , .S order restitution that is proportional to the economic
111a interests
112 the state may have under Section 65A-14-202 .