H.B. 505 Enrolled

1

AGRICULTURAL CODE AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brad J. Galvez
5 Senate Sponsor: David P. Hinkins
6
7 LONG TITLE
8 General Description:
9 This bill makes amendments to Title 4, Utah Agricultural Code, regarding grants and
10 loans for the control and eradication of noxious weeds and invasive plant species,
11 authorizing the use of funds from the Rangeland Improvement Account for
12 administrative costs of rangeland improvement projects, prohibiting a person in control
13 of a swine from allowing the swine to run at large, and modifying provisions of Chapter
14 31 to provide for the control of animal disease.
15 Highlighted Provisions:
16 This bill:
17 . permits the Conservation Commission to approve grants and make loans for the
18 control or eradication of noxious weeds and invasive plant species;
19 . permits the Department of Agriculture to use funds from the Rangeland
20 Improvement Account for the administrative costs of rangeland improvement
21 projects;
22 . makes it a class B misdemeanor for a person in control of a swine to allow the
23 swine to run at large and makes the person liable for damage caused by the swine;
24 . recodifies and renames Title 4, Chapter 26, Dead Animals -- Enclosures and Fences,
25 and removes provisions regarding dead animals;
26 . repeals the provisions of Title 4, Chapter 29, Diseases of Poultry;
27 . recodifies and modifies Title 4, Chapter 31, Livestock Inspection and Quarantine,
28 to:
29 . grant rulemaking authority to the Department of Agriculture to control and

30 eradicate brucellosis, trichomoniasis, and tuberculosis in livestock; trace animal disease; and
31 control and prevent disease in poultry, waterfowl, and game-birds;
32 . provide for disposal of dead animals; and
33 . describe procedures for the control of animal disease; and
34 . makes technical changes.
35 Money Appropriated in this Bill:
36 None
37 Other Special Clauses:
38 None
39 Utah Code Sections Affected:
40 AMENDS:
41 4-18-5, as last amended by Laws of Utah 2011, Chapter 383
42 4-20-3, as last amended by Laws of Utah 2011, Chapters 342 and 383
43 4-39-103, as enacted by Laws of Utah 1997, Chapter 302
44 63G-2-305, as last amended by Laws of Utah 2011, Chapters 18, 46, 55, 80, 151, and
45 161
46 ENACTS:
47 4-25-12.1, Utah Code Annotated 1953
48 4-31-101, Utah Code Annotated 1953
49 4-31-109, Utah Code Annotated 1953
50 4-31-112, Utah Code Annotated 1953
51 4-31-118, Utah Code Annotated 1953
52 4-31-119, Utah Code Annotated 1953
53 REPEALS AND REENACTS:
54 4-25-12, as enacted by Laws of Utah 1979, Chapter 2
55 RENUMBERS AND AMENDS:
56 4-26-101, (Renumbered from 4-26-4, as enacted by Laws of Utah 1979, Chapter 2)
57 4-26-102, (Renumbered from 4-26-5, as last amended by Laws of Utah 2010, Chapter

58 378)
59 4-26-103, (Renumbered from 4-26-5.1, as enacted by Laws of Utah 2004, Chapter 331)
60 4-31-102, (Renumbered from 4-26-1, as enacted by Laws of Utah 1979, Chapter 2)
61 4-31-103, (Renumbered from 4-26-2, as enacted by Laws of Utah 1979, Chapter 2)
62 4-31-104, (Renumbered from 4-26-3, as enacted by Laws of Utah 1979, Chapter 2)
63 4-31-105, (Renumbered from 4-31-1, as enacted by Laws of Utah 1979, Chapter 2)
64 4-31-106, (Renumbered from 4-31-2, as enacted by Laws of Utah 1979, Chapter 2)
65 4-31-107, (Renumbered from 4-31-3, as last amended by Laws of Utah 2007, Chapter
66 179)
67 4-31-108, (Renumbered from 4-31-4, as enacted by Laws of Utah 1979, Chapter 2)
68 4-31-110, (Renumbered from 4-31-6, as enacted by Laws of Utah 1979, Chapter 2)
69 4-31-111, (Renumbered from 4-31-9, as last amended by Laws of Utah 1999, Chapter
70 290)
71 4-31-113, (Renumbered from 4-31-14, as last amended by Laws of Utah 1997, Chapter
72 302)
73 4-31-114, (Renumbered from 4-31-15, as enacted by Laws of Utah 1979, Chapter 2)
74 4-31-115, (Renumbered from 4-31-16, as last amended by Laws of Utah 2010, Chapter
75 378)
76 4-31-116, (Renumbered from 4-31-17, as enacted by Laws of Utah 1979, Chapter 2)
77 4-31-117, (Renumbered from 4-31-18, as enacted by Laws of Utah 1979, Chapter 2)
78 REPEALS:
79 4-29-1, as last amended by Laws of Utah 2008, Chapter 382
80 4-29-2, as last amended by Laws of Utah 2010, Chapter 378
81 4-29-3, as enacted by Laws of Utah 1979, Chapter 2
82 4-29-4, as enacted by Laws of Utah 1979, Chapter 2
83 4-29-5, as last amended by Laws of Utah 1985, Chapter 130
84 4-29-6, as enacted by Laws of Utah 1979, Chapter 2
85 4-31-5, as last amended by Laws of Utah 1982, Chapter 2

86 4-31-7, as enacted by Laws of Utah 1979, Chapter 2
87 4-31-8, as last amended by Laws of Utah 1985, Chapters 116 and 165
88 4-31-10, as last amended by Laws of Utah 2007, Chapter 179
89 4-31-11, as last amended by Laws of Utah 1992, Chapter 18
90 4-31-12, as enacted by Laws of Utah 1979, Chapter 2
91 4-31-13, as last amended by Laws of Utah 2007, Chapter 179
92 4-31-16.5, as last amended by Laws of Utah 2010, Chapter 378
93 4-31-19, as last amended by Laws of Utah 1985, Chapter 130
94 4-31-21, as last amended by Laws of Utah 2008, Chapter 382
95 4-31-22, as enacted by Laws of Utah 2009, Chapter 172
96
97 Be it enacted by the Legislature of the state of Utah:
98 Section 1. Section 4-18-5 is amended to read:
99 4-18-5. Conservation commission -- Functions and duties.
100 (1) The commission shall:
101 (a) facilitate the development and implementation of the strategies and programs
102 necessary to:
103 (i) protect, conserve, utilize, and develop the soil, air, and water resources of the state;
104 and
105 (ii) promote the protection, integrity, and restoration of land for agricultural and other
106 beneficial purposes;
107 (b) disseminate information regarding districts' activities and programs;
108 (c) supervise the formation, reorganization, or dissolution of districts according to the
109 requirements of Title 17D, Chapter 3, Conservation District Act;
110 (d) prescribe uniform accounting and recordkeeping procedures for districts and
111 require each district to submit annually an audit of its funds to the commission;
112 (e) approve and make loans for agricultural purposes, from the Agriculture Resource
113 Development Fund for:

114 (i) rangeland improvement and management projects;
115 (ii) watershed protection and flood prevention projects;
116 (iii) agricultural cropland soil and water conservation projects; and
117 (iv) programs designed to promote energy efficient farming practices;
118 (f) administer federal or state funds, including loan funds under this chapter, in
119 accordance with applicable federal or state guidelines and make loans or grants from those
120 funds to land occupiers for:
121 (i) the conservation of soil or water resources; [and]
122 (ii) maintenance of rangeland improvement projects; and
123 (iii) the control or eradication of noxious weeds and invasive plant species:
124 (A) in cooperation and coordination with local weed boards; and
125 (B) in accordance with Section 4-2-8.7 ;
126 (g) seek to coordinate soil and water protection, conservation, and development
127 activities and programs of state agencies, local governmental units, other states, special interest
128 groups, and federal agencies;
129 (h) plan watershed and flood control projects in cooperation with appropriate local,
130 state, and federal authorities and coordinate flood control projects in the state;
131 (i) develop the requirements for:
132 (i) a certification of environmental stewardship, including best management practices,
133 technical standards, and nutrient management plans, as applicable to each agricultural sector;
134 and
135 (ii) providing the certification to each owner or operator of a farm, ranch, or feedlot
136 that:
137 (A) requests certification; and
138 (B) qualifies for certification;
139 (j) develop best management practices and state technical standards when requested by
140 governmental agencies or agricultural producer groups;
141 (k) develop the requirements and certification process for an individual to be a certified

142 conservation planner as defined in Section 4-18-3 ;
143 (l) assist other state agencies with conservation standards for agriculture when
144 requested; and
145 (m) when assigned by the governor, when required by contract with the Department of
146 Environmental Quality, or when required by contract with the United States Environmental
147 Protection Agency:
148 (i) develop programs for the prevention, control, or abatement of new or existing
149 pollution to the soil, water, or air of the state;
150 (ii) advise, consult, and cooperate with affected parties to further the purpose of this
151 chapter;
152 (iii) conduct studies, investigations, research, and demonstrations relating to
153 agricultural pollution issues;
154 (iv) give reasonable consideration in the exercise of its powers and duties to the
155 economic impact on sustainable agriculture;
156 (v) meet the requirements of federal law related to water and air pollution in the
157 exercise of its powers and duties; and
158 (vi) establish administrative penalties relating to agricultural discharges as defined in
159 Section 4-18-3 that are proportional to the seriousness of the resulting environmental harm.
160 (2) The commission may:
161 (a) employ, with the approval of the department, an administrator and necessary
162 technical experts and employees;
163 (b) execute contracts or other instruments necessary to exercise its powers;
164 (c) take necessary action to promote and enforce the purpose and findings of Section
165 4-18-2 ;
166 (d) sue and be sued; and
167 (e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
168 Rulemaking Act, necessary to carry out the powers and duties described in Subsection (1) and
169 Subsections (2)(b) and ©.

170 Section 2. Section 4-20-3 is amended to read:
171 4-20-3. Rangeland Improvement Account distribution.
172 (1) The department shall distribute restricted account money as provided in this
173 section.
174 (a) The department shall:
175 (i) distribute pro rata to each school district the money received by the state under
176 Subsection 4-20-2 (1)(b)(i) from the sale or lease of public lands based upon the amount of
177 revenue generated from the sale or lease of public lands within the district; and
178 (ii) ensure that all money generated from the sale or lease of public lands within a
179 school district is credited and deposited to the general school fund of that school district.
180 (b) (i) After the commissioner approves a request from a regional board, the
181 department shall distribute pro rata to each regional board money received by the state under
182 Subsection 4-20-2 (1)(b)(i) from fees based upon the amount of revenue generated from the
183 imposition of fees within that grazing district.
184 (ii) The regional board shall expend money received in accordance with Subsection (2).
185 (c) (i) The department shall distribute or expend money received by the state under
186 Subsections 4-20-2 (1)(b)(ii) through (iv) for the purposes outlined in Subsection (2).
187 (ii) The department may require entities seeking funding from sources outlined in
188 Subsections 4-20-2 (1)(b)(ii) through (iv) to provide matching funds.
189 (2) The department shall ensure that restricted account distributions or expenditures
190 under Subsections (1)(b) and (c) are used for:
191 (a) range improvement and maintenance;
192 (b) the control of predatory and depredating animals;
193 (c) the control, management, or extermination of invading species, range damaging
194 organisms, and poisonous or noxious weeds;
195 (d) the purchase or lease of lands or a conservation easement for the benefit of a
196 grazing district;
197 (e) watershed protection, development, distribution, and improvement; [and]

198 (f) the general welfare of livestock grazing within a grazing district[.]; and
199 (g) subject to Subsection (3), costs to monitor rangeland improvement projects.
200 (3) Annual account distributions or expenditures for the monitoring costs described in
201 Subsection (2)(g) may not exceed 10% of the annual receipts of the fund.
202 Section 3. Section 4-25-12 is repealed and reenacted to read:
203 4-25-12. Allowing swine to run at large -- Class B misdemeanor.
204 (1) A person is guilty of a class B misdemeanor if the person:
205 (a) is in control of a swine; and
206 (b) allows the swine to run at large.
207 (2) A person described in Subsection (1) is liable for damage caused by the swine
208 running at large.
209 Section 4. Section 4-25-12.1 is enacted to read:
210 4-25-12.1. Release of swine for hunting purposes.
211 A person may not release swine on public or private property for hunting purposes.
212 Section 5. Section 4-26-101 , which is renumbered from Section 4-26-4 is renumbered
213 and amended to read:
214 CHAPTER 26. ANIMAL ENCLOSURES AND FENCES
215 [4-26-4]. 4-26-101. Failure to close entrance to enclosure -- Class C
216 misdemeanor -- Damages.
217 [Any] A person who willfully throws down a fence or opens bars or gates into any
218 enclosure other than the person's own enclosure or into any enclosure jointly owned or
219 occupied by such person and others, and leaves it open is guilty of a class ["C"] C
220 misdemeanor, and is [also] liable in damage for any injury sustained by any person as a result
221 of such an act.
222 Section 6. Section 4-26-102 , which is renumbered from Section 4-26-5 is renumbered
223 and amended to read:
224 [4-26-5]. 4-26-102. Adjoining landowners -- Partition fences -- Contribution.
225 (1) If two or more persons agree to a fence enclosure or to the construction of a

226 partition fence, the cost of construction and maintenance of the fence shall be apportioned
227 between each party to the agreement based upon the amount of land enclosed.
228 (2) A person who is a party to [such agreement] an agreement described in Subsection
229 (1) and who fails to maintain such person's part of the fence is liable in a civil action for any
230 damage sustained by another party to the agreement as a result of the failure to maintain the
231 fence.
232 (3) If a person has enclosed land with a fence and the owner of adjoining land desires
233 to enclose land adjoining the fence so that the existing fence or any part of it will become a
234 partition fence between such tracts of land, the owner of the adjoining land shall, before
235 making the enclosure, pay to the owner of the existing fence one-half of the value of all that
236 part of the fence that will become a partition fence; and when one party ceases to improve or
237 cultivate his land or opens his enclosure he may not take away any part of the partition fence
238 belonging to him, if the owner or occupant of the adjoining enclosure within 30 days after
239 notice, pays for the value of such fence; nor shall the partition fence be removed if the crops
240 enclosed by it will be exposed to injury.
241 Section 7. Section 4-26-103 , which is renumbered from Section 4-26-5.1 is
242 renumbered and amended to read:
243 [4-26-5.1]. 4-26-103. Definitions -- Qualified landowners' and qualified
244 adjoining landowners' partition fences -- Contribution -- Civil action for damages.
245 (1) As used in this section:
246 (a) "Qualified adjoining landowner" means a private landowner whose land adjoins the
247 land of a qualified landowner and is used for grazing livestock or as habitat for big game
248 wildlife and:
249 (i) is land which qualifies under the definition of "conservation easement" as defined in
250 Section 57-18-2 , under Title 57, Chapter 18, Land Conservation Easement Act; or
251 (ii) is "land in agricultural use" that meets the requirements of Section 59-2-502 .
252 (b) "Qualified landowner" means a private landowner whose land is used for grazing
253 livestock and:

254 (i) is land which qualifies under the definition of "conservation easement" as defined in
255 Section 57-18-2 , under Title 57, Chapter 18, Land Conservation Easement Act; or
256 (ii) is "land in agricultural use" that meets the requirements of Section 59-2-502 .
257 (2) A qualified landowner may require the qualified adjoining landowner to pay for
258 [1/2] one-half of the cost of the fence if:
259 (a) the fence is or becomes a partition fence separating the qualified landowner's land
260 from that belonging to the qualified adjoining landowner;
261 (b) the cost is reasonable for that type of fence;
262 (c) that type of fence is commonly found in that particular area; and
263 (d) the construction of the fence is no more expensive than the cost for posts, wire, and
264 connectors.
265 (3) If the qualified adjoining landowner refuses, the qualified landowner may maintain
266 a civil action against the qualified adjoining landowner for [1/2] one-half of the cost of that
267 portion of the fence.
268 (4) The cost of the maintenance of the fence shall also be apportioned between each
269 party based [upon] on the amount of land enclosed. A party who fails to maintain [his] that
270 party's part of the fence is also liable in a civil action for any damage sustained by the other
271 party as a result of the failure to maintain the fence.
272 Section 8. Section 4-31-101 is enacted to read:
273 CHAPTER 31. CONTROL OF ANIMAL DISEASE
274 4-31-101. Title.
275 This chapter is known as "Control of Animal Disease."
276 Section 9. Section 4-31-102 , which is renumbered from Section 4-26-1 is renumbered
277 and amended to read:
278 [4-26-1]. 4-31-102. Dead domestic animals -- Duty of owner to bury or
279 otherwise dispose of them -- Liability for costs.
280 [It is the responsibility of the owner or other person responsible for any domestic
281 animal which dies to bury or otherwise dispose of it within two days after death.]

282 (1) An owner or other person responsible for a domestic animal that dies shall bury or
283 dispose of the animal within two business days after the day on which the owner or other
284 person responsible for the animal becomes aware that the animal is dead.
285 (2) If the owner or other person responsible for [such an] the dead animal cannot be
286 found, [it is the duty of] the county, city, or town within which the dead animal is found, shall,
287 at [such] the political subdivision's expense, [to] bury the dead animal.
288 (3) A county, city, or town [which] that incurs expense under this section is entitled to
289 reimbursement from the owner of the dead animal.
290 Section 10. Section 4-31-103 , which is renumbered from Section 4-26-2 is renumbered
291 and amended to read:
292 [4-26-2]. 4-31-103. Dead animals -- Deposit on another's land prohibited.
293 [No] A person [shall] may not deposit a dead animal upon the land of another person
294 without the [latter's] landowner's consent.
295 Section 11. Section 4-31-104 , which is renumbered from Section 4-26-3 is renumbered
296 and amended to read:
297 [4-26-3]. 4-31-104. Penalty.
298 [Any] A person who violates Section [ 4-26-1 ] 4-31-102 or [ 4-26-2 ] 4-31-103 is guilty
299 of a class ["C"] C misdemeanor.
300 Section 12. Section 4-31-105 , which is renumbered from Section 4-31-1 is renumbered
301 and amended to read:
302 [4-31-1]. 4-31-105. Outbreak of contagious or infectious disease -- Assistance
303 of federal authorities.
304 If there is an outbreak of contagious or infectious disease among domestic animals in
305 this state that imperils livestock in adjoining states, the commissioner shall seek the assistance
306 of the United States [Animal, Plant and Health Inspection Service] Department of Agriculture,
307 Animal and Plant Health Inspection Service in preventing the spread of the disease to other
308 states.
309 Section 13. Section 4-31-106 , which is renumbered from Section 4-31-2 is renumbered

310 and amended to read:
311 [4-31-2]. 4-31-106. Epidemic of contagious or infectious disease --
312 Condemnation or destruction of infected or exposed livestock -- Destruction of other
313 property.
314 (1) If there is an outbreak of contagious or infectious disease of epidemic proportion
315 among domestic animals in this state [which] that imperils livestock, the commissioner, with
316 approval of the governor, may condemn, destroy, or dispose of any infected livestock or any
317 livestock exposed to, or deemed by the commissioner capable of, communicating disease to
318 other domestic animals.
319 (2) The commissioner may [also], with gubernatorial approval, condemn and destroy
320 any barns, sheds, corrals, pens, or other property [deemed] necessary to prevent the spread of
321 contagion or infection.
322 Section 14. Section 4-31-107 , which is renumbered from Section 4-31-3 is renumbered
323 and amended to read:
324 [4-31-3]. 4-31-107. Appraisal of fair market value before destruction.
325 (1) Before any livestock or property is condemned and destroyed under Section
326 4-31-106 , an appraisal of the fair market value of the livestock or other property shall be
327 forwarded to the commissioner by a panel of three qualified appraisers appointed as follows:
328 (a) one by the commissioner;
329 (b) one by the owner of the livestock or other property subject to condemnation; and
330 (c) one by the appraisers specified in [this] Subsections (1)(a) and (b).
331 (2) After review, the commissioner shall forward the appraisal to the board of
332 examiners described in Subsection 63G-9-201 (2), together with [his] the commissioner's
333 recommendation concerning the amount, if any, that should be allowed.
334 (3) Any costs incurred in the appraisal shall be paid by the state.
335 Section 15. Section 4-31-108 , which is renumbered from Section 4-31-4 is renumbered
336 and amended to read:
337 [4-31-4]. 4-31-108. Slaughter for post-mortem examination.

338 The commissioner may order the slaughter and post-mortem examination of [any one or
339 more] a diseased domestic [animals] animal if the exact nature of [their] the animal's disease is
340 not readily ascertained through other means.
341 Section 16. Section 4-31-109 is enacted to read:
342 4-31-109. Department authorized to make and enforce rules concerning
343 brucellosis, trichomoniasis, and tuberculosis in livestock.
344 (1) The department may:
345 (a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
346 Rulemaking Act, to control and eradicate brucellosis, trichomoniasis, and tuberculosis in
347 livestock; and
348 (b) enforce the rules described in Subsection (1)(a).
349 (2) The department shall, in making the rules described in Subsection (1)(a), protect
350 against negative impact on the interstate or intrastate commerce of livestock that is transferred,
351 sold, or exhibited.
352 Section 17. Section 4-31-110 , which is renumbered from Section 4-31-6 is renumbered
353 and amended to read:
354 [4-31-6]. 4-31-110. Dairy cattle subject to inspection for disease.
355 [Any dairy cattle in the state are subject to inspection at reasonable times and places]
356 The department may inspect a dairy animal in the state for tuberculosis or other infectious or
357 contagious disease [by the department] at a reasonable time and place.
358 Section 18. Section 4-31-111 , which is renumbered from Section 4-31-9 is renumbered
359 and amended to read:
360 [4-31-9]. 4-31-111. Imported animals -- Health certificate.
361 [No person, except as provided by rule of the department, may import any animal into
362 this state unless it] Except as provided by rule made by the department, a person may not
363 import an animal into this state unless the animal is accompanied by a health certificate that:
364 (1) meets the requirements of department rules; and
365 (2) is issued by a [licensed] federally accredited veterinarian.

366 Section 19. Section 4-31-112 is enacted to read:
367 4-31-112. Feeding garbage or plate waste to swine prohibited.
368 (1) As used in this section, "plate waste" means uneaten food from an establishment or
369 institution that serves food.
370 (2) A person may not feed garbage or plate waste to a swine, unless the swine is
371 slaughtered for home use.
372 (3) A person who violates this section is guilty of a class C misdemeanor.
373 Section 20. Section 4-31-113 , which is renumbered from Section 4-31-14 is
374 renumbered and amended to read:
375 [4-31-14]. 4-31-113. Restrictions on movement of infected or exposed animals.
376 (1) A person who owns or has possession of [a domestic] an animal [or domesticated
377 elk] and knows that [it] the animal is infected with, or has been exposed to, any contagious or
378 infectious disease, may not:
379 [(1)] (a) permit [it] the animal to run at large, or come in contact with, [another
380 domestic] an animal [which] that can be infected; or
381 [(2)] (b) sell, ship, trade, or give away an infected animal [or domesticated elk] without
382 disclosing that [it] the animal is diseased or has been exposed to disease.
383 (2) The provisions of this section do not apply to protected wildlife that is:
384 (a) living in nature; and
385 (b) under the jurisdiction of the Division of Wildlife Resources.
386 Section 21. Section 4-31-114 , which is renumbered from Section 4-31-15 is
387 renumbered and amended to read:
388 [4-31-15]. 4-31-114. Report of vesicular disease.
389 [Any] (1) A person who identifies symptoms of vesicular disease in livestock shall
390 immediately report it to the department.
391 (2) Failure of a veterinarian licensed in this state to report a diagnosed case of vesicular
392 disease to the department constitutes ground for the revocation of such veterinarian's license.
393 (3) Failure by [the] an owner of livestock to report symptoms of vesicular disease

394 among [such] the owner's livestock constitutes forfeiture of the right to claim an indemnity for
395 an animal slaughtered on account of the disease.
396 Section 22. Section 4-31-115 , which is renumbered from Section 4-31-16 is
397 renumbered and amended to read:
398 [4-31-16]. 4-31-115. Contagious or infectious disease -- Duties of department.
399 (1) (a) The department shall investigate and may quarantine any reported case of
400 contagious or infectious disease, or any epidemic, or poisoning affecting a domestic [animals]
401 animal or [any animal or animals that it] an animal that the department believes may jeopardize
402 the health of animals within the state.
403 (b) The department shall make a prompt and thorough examination of all
404 circumstances surrounding the disease, epidemic, or poisoning and may order quarantine, care,
405 or any necessary remedies.
406 (c) The department may also order immunization or testing and sanitary measures to
407 prevent the spread of disease.
408 (d) Investigations involving fish or wildlife shall be conducted under a cooperative
409 agreement with the Division of Wildlife Resources.
410 (2) (a) If the owner or person in possession of such animals, after written notice from
411 the department, fails to take the action ordered, the commissioner is authorized to seize and
412 hold the animals and take action necessary to prevent the spread of disease, including
413 immunization, testing, dipping, or spraying.
414 (b) [Animals] An animal seized for testing or treatment under this section shall be sold
415 by the commissioner at public sale to reimburse the department for all costs incurred in the
416 seizure, testing, treatment, maintenance, and sale of [such animals] the animal unless the owner
417 [sooner], before the sale, tenders payment for the costs incurred by the department.
418 (c) (i) No seized animal shall be sold[, however,] until the owner or person in
419 possession is served with a notice specifying the itemized costs incurred by the department and
420 the time, place, and purpose of sale and the number of animals to be sold.
421 (ii) The notice shall be served at least three days in advance of sale in the manner:

422 (A) prescribed for personal service in Rule 4(d)(1), Utah Rules of Civil Procedure; or
423 (B) if the owner cannot be found after due diligence, in the manner prescribed for
424 service by publication in Rule 4(d)(4), Utah Rules of Civil Procedure.
425 (3) Any amount realized from the sale of the [animals] animal over the total charges
426 shall be paid to the owner of the [animals] animal, if the owner is known or can by reasonable
427 diligence be found; otherwise, the excess shall [be paid to the tuberculosis and Bangs Disease
428 Control Account] remain in the General Fund.
429 Section 23. Section 4-31-116 , which is renumbered from Section 4-31-17 is
430 renumbered and amended to read:
431 [4-31-17]. 4-31-116. Quarantine -- Peace officers to assist in maintenance of
432 quarantine.
433 (1) The commissioner may quarantine any infected domestic animal or area within the
434 state to prevent the spread of infectious or contagious disease. [Sheriffs and]
435 (2) A sheriff or other peace [officers within] officer in the state shall, upon request of
436 the commissioner, assist the department in maintaining a quarantine and [shall] arrest [anyone]
437 a person who violates it.
438 (3) The department shall pay all costs and fees incurred by any law enforcement
439 authority in assisting the department.
440 Section 24. Section 4-31-117 , which is renumbered from Section 4-31-18 is
441 renumbered and amended to read:
442 [4-31-18]. 4-31-117. State chemist -- Assistance in diagnosis of disease.
443 The state chemist, upon submission by the commissioner, shall examine and analyze all
444 tissue, grass, water, or other substances necessary in the proper diagnosis of disease or losses
445 among livestock.
446 Section 25. Section 4-31-118 is enacted to read:
447 4-31-118. Animal disease traceability.
448 The department may:
449 (1) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative

450 Rulemaking Act, that are necessary for animal disease traceability and compliance with federal
451 law regarding animal disease traceability; and
452 (2) enforce the rules described in Subsection (1).
453 Section 26. Section 4-31-119 is enacted to read:
454 4-31-119. Disease control of poultry, waterfowl, and game-birds.
455 (1) Except as provided in Subsection (2), the department may:
456 (a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
457 Rulemaking Act, that are necessary for the control and prevention of disease in poultry,
458 waterfowl, and game-birds; and
459 (b) enforce the rules described in Subsection (1)(a).
460 (2) The department may not make a rule under Subsection (1)(a) that relates to
461 protected wildlife that is:
462 (a) living in nature; and
463 (b) under the jurisdiction of the Division of Wildlife Resources.
464 Section 27. Section 4-39-103 is amended to read:
465 4-39-103. Department's responsibilities.
466 The department is responsible for enforcing laws and rules relating to:
467 (1) the importation, possession, or transportation of domesticated elk into the state or
468 within the state;
469 (2) the inspection of domesticated elk facilities;
470 (3) preventing the outbreak and controlling the spread of disease-causing pathogens
471 among domesticated elk in domesticated elk facilities;
472 (4) preventing the spread of disease-causing pathogens from domesticated elk to
473 wildlife, other animals, or humans; and
474 (5) if necessary, quarantining any domesticated elk pursuant to [Title 4,] Chapter 31,
475 [Livestock Inspection and Quarantine] Control of Animal Disease.
476 Section 28. Section 63G-2-305 is amended to read:
477 63G-2-305. Protected records.

478 The following records are protected if properly classified by a governmental entity:
479 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
480 has provided the governmental entity with the information specified in Section 63G-2-309 ;
481 (2) commercial information or nonindividual financial information obtained from a
482 person if:
483 (a) disclosure of the information could reasonably be expected to result in unfair
484 competitive injury to the person submitting the information or would impair the ability of the
485 governmental entity to obtain necessary information in the future;
486 (b) the person submitting the information has a greater interest in prohibiting access
487 than the public in obtaining access; and
488 (c) the person submitting the information has provided the governmental entity with
489 the information specified in Section 63G-2-309 ;
490 (3) commercial or financial information acquired or prepared by a governmental entity
491 to the extent that disclosure would lead to financial speculations in currencies, securities, or
492 commodities that will interfere with a planned transaction by the governmental entity or cause
493 substantial financial injury to the governmental entity or state economy;
494 (4) records the disclosure of which could cause commercial injury to, or confer a
495 competitive advantage upon a potential or actual competitor of, a commercial project entity as
496 defined in Subsection 11-13-103 (4);
497 (5) test questions and answers to be used in future license, certification, registration,
498 employment, or academic examinations;
499 (6) records the disclosure of which would impair governmental procurement
500 proceedings or give an unfair advantage to any person proposing to enter into a contract or
501 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
502 Subsection (6) does not restrict the right of a person to have access to, once the contract or
503 grant has been awarded, a bid, proposal, or application submitted to or by a governmental
504 entity in response to:
505 (a) a request for bids;

506 (b) a request for proposals;
507 (c) a grant; or
508 (d) other similar document;
509 (7) records that would identify real property or the appraisal or estimated value of real
510 or personal property, including intellectual property, under consideration for public acquisition
511 before any rights to the property are acquired unless:
512 (a) public interest in obtaining access to the information outweighs the governmental
513 entity's need to acquire the property on the best terms possible;
514 (b) the information has already been disclosed to persons not employed by or under a
515 duty of confidentiality to the entity;
516 (c) in the case of records that would identify property, potential sellers of the described
517 property have already learned of the governmental entity's plans to acquire the property;
518 (d) in the case of records that would identify the appraisal or estimated value of
519 property, the potential sellers have already learned of the governmental entity's estimated value
520 of the property; or
521 (e) the property under consideration for public acquisition is a single family residence
522 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
523 the property as required under Section 78B-6-505 ;
524 (8) records prepared in contemplation of sale, exchange, lease, rental, or other
525 compensated transaction of real or personal property including intellectual property, which, if
526 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
527 of the subject property, unless:
528 (a) the public interest in access outweighs the interests in restricting access, including
529 the governmental entity's interest in maximizing the financial benefit of the transaction; or
530 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
531 the value of the subject property have already been disclosed to persons not employed by or
532 under a duty of confidentiality to the entity;
533 (9) records created or maintained for civil, criminal, or administrative enforcement

534 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
535 release of the records:
536 (a) reasonably could be expected to interfere with investigations undertaken for
537 enforcement, discipline, licensing, certification, or registration purposes;
538 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
539 proceedings;
540 (c) would create a danger of depriving a person of a right to a fair trial or impartial
541 hearing;
542 (d) reasonably could be expected to disclose the identity of a source who is not
543 generally known outside of government and, in the case of a record compiled in the course of
544 an investigation, disclose information furnished by a source not generally known outside of
545 government if disclosure would compromise the source; or
546 (e) reasonably could be expected to disclose investigative or audit techniques,
547 procedures, policies, or orders not generally known outside of government if disclosure would
548 interfere with enforcement or audit efforts;
549 (10) records the disclosure of which would jeopardize the life or safety of an
550 individual;
551 (11) records the disclosure of which would jeopardize the security of governmental
552 property, governmental programs, or governmental recordkeeping systems from damage, theft,
553 or other appropriation or use contrary to law or public policy;
554 (12) records that, if disclosed, would jeopardize the security or safety of a correctional
555 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
556 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
557 (13) records that, if disclosed, would reveal recommendations made to the Board of
558 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
559 Board of Pardons and Parole, or the Department of Human Services that are based on the
560 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
561 jurisdiction;

562 (14) records and audit workpapers that identify audit, collection, and operational
563 procedures and methods used by the State Tax Commission, if disclosure would interfere with
564 audits or collections;
565 (15) records of a governmental audit agency relating to an ongoing or planned audit
566 until the final audit is released;
567 (16) records prepared by or on behalf of a governmental entity solely in anticipation of
568 litigation that are not available under the rules of discovery;
569 (17) records disclosing an attorney's work product, including the mental impressions or
570 legal theories of an attorney or other representative of a governmental entity concerning
571 litigation;
572 (18) records of communications between a governmental entity and an attorney
573 representing, retained, or employed by the governmental entity if the communications would be
574 privileged as provided in Section 78B-1-137 ;
575 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
576 from a member of the Legislature; and
577 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
578 legislative action or policy may not be classified as protected under this section; and
579 (b) (i) an internal communication that is part of the deliberative process in connection
580 with the preparation of legislation between:
581 (A) members of a legislative body;
582 (B) a member of a legislative body and a member of the legislative body's staff; or
583 (C) members of a legislative body's staff; and
584 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
585 legislative action or policy may not be classified as protected under this section;
586 (20) (a) records in the custody or control of the Office of Legislative Research and
587 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
588 legislation or contemplated course of action before the legislator has elected to support the
589 legislation or course of action, or made the legislation or course of action public; and

590 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
591 Office of Legislative Research and General Counsel is a public document unless a legislator
592 asks that the records requesting the legislation be maintained as protected records until such
593 time as the legislator elects to make the legislation or course of action public;
594 (21) research requests from legislators to the Office of Legislative Research and
595 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
596 in response to these requests;
597 (22) drafts, unless otherwise classified as public;
598 (23) records concerning a governmental entity's strategy about collective bargaining or
599 pending litigation;
600 (24) records of investigations of loss occurrences and analyses of loss occurrences that
601 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
602 Uninsured Employers' Fund, or similar divisions in other governmental entities;
603 (25) records, other than personnel evaluations, that contain a personal recommendation
604 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
605 personal privacy, or disclosure is not in the public interest;
606 (26) records that reveal the location of historic, prehistoric, paleontological, or
607 biological resources that if known would jeopardize the security of those resources or of
608 valuable historic, scientific, educational, or cultural information;
609 (27) records of independent state agencies if the disclosure of the records would
610 conflict with the fiduciary obligations of the agency;
611 (28) records of an institution within the state system of higher education defined in
612 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
613 retention decisions, and promotions, which could be properly discussed in a meeting closed in
614 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
615 the final decisions about tenure, appointments, retention, promotions, or those students
616 admitted, may not be classified as protected under this section;
617 (29) records of the governor's office, including budget recommendations, legislative

618 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
619 policies or contemplated courses of action before the governor has implemented or rejected
620 those policies or courses of action or made them public;
621 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
622 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
623 recommendations in these areas;
624 (31) records provided by the United States or by a government entity outside the state
625 that are given to the governmental entity with a requirement that they be managed as protected
626 records if the providing entity certifies that the record would not be subject to public disclosure
627 if retained by it;
628 (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
629 except as provided in Section 52-4-206 ;
630 (33) records that would reveal the contents of settlement negotiations but not including
631 final settlements or empirical data to the extent that they are not otherwise exempt from
632 disclosure;
633 (34) memoranda prepared by staff and used in the decision-making process by an
634 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
635 other body charged by law with performing a quasi-judicial function;
636 (35) records that would reveal negotiations regarding assistance or incentives offered
637 by or requested from a governmental entity for the purpose of encouraging a person to expand
638 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
639 person or place the governmental entity at a competitive disadvantage, but this section may not
640 be used to restrict access to a record evidencing a final contract;
641 (36) materials to which access must be limited for purposes of securing or maintaining
642 the governmental entity's proprietary protection of intellectual property rights including patents,
643 copyrights, and trade secrets;
644 (37) the name of a donor or a prospective donor to a governmental entity, including an
645 institution within the state system of higher education defined in Section 53B-1-102 , and other

646 information concerning the donation that could reasonably be expected to reveal the identity of
647 the donor, provided that:
648 (a) the donor requests anonymity in writing;
649 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
650 classified protected by the governmental entity under this Subsection (37); and
651 (c) except for an institution within the state system of higher education defined in
652 Section 53B-1-102 , the governmental unit to which the donation is made is primarily engaged
653 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
654 over the donor, a member of the donor's immediate family, or any entity owned or controlled
655 by the donor or the donor's immediate family;
656 (38) accident reports, except as provided in Sections 41-6a-404 , 41-12a-202 , and
657 73-18-13 ;
658 (39) a notification of workers' compensation insurance coverage described in Section
659 34A-2-205 ;
660 (40) (a) the following records of an institution within the state system of higher
661 education defined in Section 53B-1-102 , which have been developed, discovered, disclosed to,
662 or received by or on behalf of faculty, staff, employees, or students of the institution:
663 (i) unpublished lecture notes;
664 (ii) unpublished notes, data, and information:
665 (A) relating to research; and
666 (B) of:
667 (I) the institution within the state system of higher education defined in Section
668 53B-1-102 ; or
669 (II) a sponsor of sponsored research;
670 (iii) unpublished manuscripts;
671 (iv) creative works in process;
672 (v) scholarly correspondence; and
673 (vi) confidential information contained in research proposals;

674 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
675 information required pursuant to Subsection 53B-16-302 (2)(a) or (b); and
676 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
677 (41) (a) records in the custody or control of the Office of Legislative Auditor General
678 that would reveal the name of a particular legislator who requests a legislative audit prior to the
679 date that audit is completed and made public; and
680 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
681 Office of the Legislative Auditor General is a public document unless the legislator asks that
682 the records in the custody or control of the Office of Legislative Auditor General that would
683 reveal the name of a particular legislator who requests a legislative audit be maintained as
684 protected records until the audit is completed and made public;
685 (42) records that provide detail as to the location of an explosive, including a map or
686 other document that indicates the location of:
687 (a) a production facility; or
688 (b) a magazine;
689 (43) information:
690 (a) contained in the statewide database of the Division of Aging and Adult Services
691 created by Section 62A-3-311.1 ; or
692 (b) received or maintained in relation to the Identity Theft Reporting Information
693 System (IRIS) established under Section 67-5-22 ;
694 (44) information contained in the Management Information System and Licensing
695 Information System described in Title 62A, Chapter 4a, Child and Family Services;
696 (45) information regarding National Guard operations or activities in support of the
697 National Guard's federal mission;
698 (46) records provided by any pawn or secondhand business to a law enforcement
699 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
700 Secondhand Merchandise Transaction Information Act;
701 (47) information regarding food security, risk, and vulnerability assessments performed

702 by the Department of Agriculture and Food;
703 (48) except to the extent that the record is exempt from this chapter pursuant to Section
704 63G-2-106 , records related to an emergency plan or program, a copy of which is provided to or
705 prepared or maintained by the Division of Emergency Management, and the disclosure of
706 which would jeopardize:
707 (a) the safety of the general public; or
708 (b) the security of:
709 (i) governmental property;
710 (ii) governmental programs; or
711 (iii) the property of a private person who provides the Division of Emergency
712 Management information;
713 (49) records of the Department of Agriculture and Food [relating to the National
714 Animal Identification System or any other program that provides] that provide for the
715 identification, tracing, or control of livestock diseases, including any program established under
716 Title 4, Chapter 24, Utah Livestock Brand and Anti-theft Act or Title 4, Chapter 31, [Livestock
717 Inspection and Quarantine] Control of Animal Disease;
718 (50) as provided in Section 26-39-501 :
719 (a) information or records held by the Department of Health related to a complaint
720 regarding a child care program or residential child care which the department is unable to
721 substantiate; and
722 (b) information or records related to a complaint received by the Department of Health
723 from an anonymous complainant regarding a child care program or residential child care;
724 (51) unless otherwise classified as public under Section 63G-2-301 and except as
725 provided under Section 41-1a-116 , an individual's home address, home telephone number, or
726 personal mobile phone number, if:
727 (a) the individual is required to provide the information in order to comply with a law,
728 ordinance, rule, or order of a government entity; and
729 (b) the subject of the record has a reasonable expectation that this information will be

730 kept confidential due to:
731 (i) the nature of the law, ordinance, rule, or order; and
732 (ii) the individual complying with the law, ordinance, rule, or order;
733 (52) the name, home address, work addresses, and telephone numbers of an individual
734 that is engaged in, or that provides goods or services for, medical or scientific research that is:
735 (a) conducted within the state system of higher education, as defined in Section
736 53B-1-102 ; and
737 (b) conducted using animals;
738 (53) an initial proposal under Title 63M, Chapter 1, Part 26, Government Procurement
739 Private Proposal Program, to the extent not made public by rules made under that chapter;
740 (54) in accordance with Section 78A-12-203 , any record of the Judicial Performance
741 Evaluation Commission concerning an individual commissioner's vote on whether or not to
742 recommend that the voters retain a judge;
743 (55) information collected and a report prepared by the Judicial Performance
744 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
745 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
746 the information or report;
747 (56) records contained in the Management Information System created in Section
748 62A-4a-1003 ;
749 (57) records provided or received by the Public Lands Policy Coordinating Office in
750 furtherance of any contract or other agreement made in accordance with Section 63J-4-603 ;
751 (58) information requested by and provided to the Utah State 911 Committee under
752 Section 53-10-602 ;
753 (59) recorded Children's Justice Center investigative interviews, both video and audio,
754 the release of which are governed by Section 77-37-4 ;
755 (60) in accordance with Section 73-10-33 :
756 (a) a management plan for a water conveyance facility in the possession of the Division
757 of Water Resources or the Board of Water Resources; or

758 (b) an outline of an emergency response plan in possession of the state or a county or
759 municipality;
760 (61) the following records in the custody or control of the Office of Inspector General
761 of Medicaid Services, created in Section 63J-4a-201 :
762 (a) records that would disclose information relating to allegations of personal
763 misconduct, gross mismanagement, or illegal activity of a person if the information or
764 allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
765 through other documents or evidence, and the records relating to the allegation are not relied
766 upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
767 report or final audit report;
768 (b) records and audit workpapers to the extent they would disclose the identity of a
769 person who, during the course of an investigation or audit, communicated the existence of any
770 Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
771 regulation adopted under the laws of this state, a political subdivision of the state, or any
772 recognized entity of the United States, if the information was disclosed on the condition that
773 the identity of the person be protected;
774 (c) before the time that an investigation or audit is completed and the final
775 investigation or final audit report is released, records or drafts circulated to a person who is not
776 an employee or head of a governmental entity for the person's response or information;
777 (d) records that would disclose an outline or part of any investigation, audit survey
778 plan, or audit program; or
779 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
780 investigation or audit;
781 (62) records that reveal methods used by the Office of Inspector General of Medicaid
782 Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
783 abuse;
784 (63) information provided to the Department of Health or the Division of Occupational
785 and Professional Licensing under Subsection 58-68-304 (3) or (4); and

786 (64) a record described in Section 63G-12-210 .
787 Section 29. Repealer.
788 This bill repeals:
789 Section 4-29-1, Department authorized to make and enforce rules.
790 Section 4-29-2, Restrictions on importation of chickens, turkeys, chicks, turkey
791 poults, and hatching eggs -- Certificate to accompany shipment -- Disposition of
792 nonconforming shipments.
793 Section 4-29-3, Results of negative agglutination blood test filed with department.
794 Section 4-29-4, Hatchery -- License required to operate.
795 Section 4-29-5, License -- Application -- Fee -- Expiration -- Renewal.
796 Section 4-29-6, Enforcement -- Inspection of premises where poultry raised.
797 Section 4-31-5, Imported dairy cattle -- Tuberculosis certificates.
798 Section 4-31-7, Claims for indemnity for destroyed or slaughtered cattle.
799 Section 4-31-8, Tuberculosis and Bangs Account created -- Exclusive use of
800 revenue.
801 Section 4-31-10, Imported swine -- Quarantine period -- Exceptions to quarantine.
802 Section 4-31-11, Restrictions on movement of swine -- Swine feeder license --
803 Restrictions on feeding garbage to swine.
804 Section 4-31-12, Carcass of infected swine to be burned or buried.
805 Section 4-31-13, Stockyards -- Disinfection.
806 Section 4-31-16.5, Brucellosis -- Vaccination required for certain cattle -- Testing
807 required to import certain cattle.
808 Section 4-31-19, Fee to compensate state for quarantine and sanitary procedures.
809 Section 4-31-21, Trichomoniasis -- Department to make rules.
810 Section 4-31-22, National animal identification system.