First Substitute S.B. 245

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Senate 2nd & 3rd Reading Amendments 3-5-2012 kh/tjn This document includes Senate 2nd and 3rd Reading Floor Amendments incorporated into the bill on Mon, Mar 5, 2012 at 4:56 PM by khelgesen. --> Senator Ralph Okerlund proposes the following substitute bill:

1 MULE DEER PROTECTION ACT
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ralph Okerlund
5 House Sponsor: Kay L. McIff
6
7 LONG TITLE
8 General Description:
9 This bill enacts the Mule Deer Protection Act.
10 Highlighted Provisions:
11 This bill:
12 . enacts Title 23, Chapter 30, Mule Deer Protection Act;
13 . creates the Mule Deer Protection Account;
14 . grants rulemaking authority to the S. [ Wildlife Board ] Division of Wildlife
14a Resources .S to establish programs that reduce
15 and control the coyote population generally and in areas where mule deer predation
16 occurs;
17 . requires the Division of Wildlife Resources to:
18 . administer programs that reduce and control the coyote population; and
19 . coordinate with government entities and state entities in administering programs
20 that reduce and control the coyote population;
21 . permits the Division of Wildlife Resources to contract with a vendor to reduce and
22 control the coyote population in areas where mule deer predation occurs; S. and .S
23 . permits the Division of Wildlife Resources to prepare and distribute training
24 materials related to mule deer protection S. [ ;
25 . authorizes the Wildlife Board to establish fees under programs that control and

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Senate 2nd & 3rd Reading Amendments 3-5-2012 kh/tjn 26

reduce the coyote population; and
27 . authorizes the Division of Wildlife Resources to collect fees established by the
28 Wildlife Board under programs that control and reduce the coyote population. ] . .S
29 Money Appropriated in this Bill:
30 This bill appropriates:
31 . to the General Fund Restricted - Mule Deer Protection Account, as an ongoing
32 appropriation:
33 . from the General Fund, $500,000;
34 . to the Division of Wildlife Resources - Wildlife Section, as an ongoing
35 appropriation:
36 . from the General Fund Restricted - Mule Deer Protection Account, $500,000 S. [ ; ] ,
36a subject to intent language that the appropriation is non-lapsing; .S
37 . to the General Fund Restricted - Agriculture and Wildlife Damage Prevention
38 Account, as an ongoing appropriation:
39 . from the General Fund, $250,000; and
40 . to the Department of Agriculture and Food - Predatory Animal Control, as an
41 ongoing appropriation:
42 . from the General Fund Restricted - Agriculture and Wildlife Damage
43 Prevention Account, as an ongoing appropriation, $250,000 S. [ . ] , subject to intent language
43a that the appropriation is non-lapsing. .S
44 Other Special Clauses:
45 None
46 Utah Code Sections Affected:
47 ENACTS:
48 23-30-101, Utah Code Annotated 1953
49 23-30-102, Utah Code Annotated 1953
50 23-30-103, Utah Code Annotated 1953
51 23-30-104, Utah Code Annotated 1953
52 S. [ 23-30-105, Utah Code Annotated 1953 ] .S
53
54 Be it enacted by the Legislature of the state of Utah:
55 Section 1. Section 23-30-101 is enacted to read:
56 CHAPTER 30. MULE DEER PROTECTION ACT

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Senate 2nd & 3rd Reading Amendments 3-5-2012 kh/tjn 57

23-30-101. Title.
58 This chapter is known as the "Mule Deer Protection Act."
59 Section 2. Section 23-30-102 is enacted to read:
60 23-30-102. Definitions.
61 As used in this chapter:
62 (1) "General predator control" means a predatory animal removal effort by the division
63 to reduce predatory animal numbers for the benefit of mule deer.
64 (2) "Predatory animal" means a coyote.
65 (3) "Targeted predator control" means a predatory animal removal effort by the
66 division:
67 (a) to reduce predatory animal numbers in an area where mule deer predation occurs;
68 and
69 (b) that focuses on specific locations and certain times.
70 Section 3. Section 23-30-103 is enacted to read:
71 23-30-103. Mule Deer Protection Account -- Contents -- Use of Funds.
72 (1) There is created a restricted account within the General Fund known as the "Mule
73 Deer Protection Restricted Account."
74 (a) The restricted account shall consist of:
75 (i) appropriations made by the Legislature; S. and .S
76 (ii) grants or donations from:
77 (A) the federal government;
78 (B) a state agency;
79 (C) a local government; or
80 (D) a person S. [ ; and
81 (iii) revenue from fees collected under Section 23-30-105 . ] . .S
82 (b) The division shall administer the restricted account.
83 (2) Subject to appropriation, the division may expend money in the restricted account
84 on:
85 (a) a program established by rule under Subsection 23-30-104 (1);
86 (b) a contract for targeted predator control described in Subsection 23-30-104 (3)(a);
87 (c) predator control education and training related to mule deer protection described in

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Senate 2nd & 3rd Reading Amendments 3-5-2012 kh/tjn 88

Subsection 23-30-104 (3)(b); and
89 (d) administration costs incurred to carry out the requirements of this chapter.
90 Section 4. Section 23-30-104 is enacted to read:
91 23-30-104. S. [ Predatory animal control. ] Rulemaking authority, coordination, and
91a administration for predator control. .S
92 (1) The S. [ Wildlife Board shall ] division may .S make rules, in accordance with Title
92a 63G, Chapter 3, Utah
93 Administrative Rulemaking Act, to establish programs to accomplish targeted predator control
94 or general predator control, including programs that offer incentives or compensation to
95 participants who remove a predatory animal that is detrimental to mule deer production.
96 (2) The division shall:
97 (a) administer a program established under Subsection (1);
98 (b) coordinate with federal, state, and local governments, and private persons to
99 accomplish the purposes of this chapter; and
100 (c) coordinate with the Department of Agriculture and Food and the Agriculture and
101 Wildlife Damage Prevention Board created in Section 4-23-4 to:
102 (i) minimize unnecessary duplication of predator control efforts; and
103 (ii) prevent interference between predator control programs administered under Title 4,
104 Chapter 23, Agricultural and Wildlife Damage Prevention Act, and this chapter.
105 (3) The division may:
106 (a) contract with a vendor that offers targeted predator control services; and
107 (b) prepare and distribute educational and training materials related to mule deer
108 protection.
109 S. [ Section 5. Section 23-30-105 is enacted to read:
110 23-30-105. Authorization to establish and collect fees.
111 (1) (a) The Wildlife Board may, in accordance with Section 63J-1-504 , establish fees
112 for participation in a program established under Subsection 23-30-104 (1).
113 (b) The division shall collect a fee established under Subsection (1).
114 (2) Fees collected under Subsection (1) shall be:
115 (a) deposited into the Mule Deer Protection Restricted Account established in Section
116 23-30-103 ; and
117 (b) expended in accordance with the requirements of Section 23-30-103 . ] .S
118 Section S. [ 6. ] 5. .S Appropriation.

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Senate 2nd & 3rd Reading Amendments 3-5-2012 kh/tjn 119

Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
120 following sums of money are appropriated from resources not otherwise appropriated, or
121 reduced from amounts previously appropriated, out of the funds or accounts indicated for the
122 fiscal year beginning July 1, 2012, and ending June 30, 2013. These are additions to any
123 amounts previously appropriated for fiscal year 2013.
124 To General Fund Restricted - Mule Deer Protection Account
125 From General Fund

$500,000

126 Schedule of Programs:
127 Mule Deer Protection Account $500,000
128 To Department of Natural Resources - Division of Wildlife Resources
129 From General Fund Restricted - Mule Deer Protection Account

$500,000

130 Schedule of Programs:
131 Wildlife Section $500,000
131a S. The Legislature intends that, under Section 63J-1-603 of the Utah Code, the appropriation
131b from the Mule Deer Protection Account to the Division of Wildlife Resources not lapse at the
131c close of fiscal year 2013. .S
132 To General Fund Restricted - Agriculture and Wildlife Damage Prevention Account
133 From General Fund

$250,000

134 Schedule of programs:
135 Agriculture and Wildlife Damage
136 Prevention Account $250,000
137 To Department of Agriculture and Food - Predatory Animal Control
138 From General Fund Restricted -
139 Agriculture and Wildlife Damage Prevention Account

$250,000

140 Schedule of programs:
141 Predatory Animal Control $250,000
141a S. The Legislature intends that, under Section 63J-1-603 of the Utah Code, the appropriation
141b from the Agriculture and Wildlife Damage Prevention Account to the Department of
141c Agriculture and Food not lapse at the close of fiscal year 2013. .S