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S.B. 245
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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 Division of Wildlife Resources to establish and
15 administer programs that reduce and control the coyote population generally and in
16 areas where mule deer predation occurs;
17 . requires the Division of Wildlife Resources to coordinate with government entities
18 and state entities in establishing and administering programs that reduce and control
19 the coyote population;
20 . permits the Division of Wildlife Resources to contract with a vendor to reduce and
21 control the coyote population in areas where mule deer predation occurs;
22 . permits the Division of Wildlife Resources to prepare and distribute training
23 materials related to mule deer protection; and
24 . authorizes the Division of Wildlife Resources to establish and collect fees under
25 programs that control and reduce the coyote population.
26 Money Appropriated in this Bill:
27 This bill appropriates:
28 . to the Division of Wildlife Resources - Wildlife Section, as an ongoing
29 appropriation:
30 . from the General Fund, $500,000, subject to intent language stating that the
31 appropriation is nonlapsing; and
32 . to the Department of Agriculture and Food - Predatory Animal Control, as an
33 ongoing appropriation:
34 . from the General Fund, $250,000, subject to intent language stating that the
35 appropriation is nonlapsing.
36 Other Special Clauses:
37 None
38 Utah Code Sections Affected:
39 ENACTS:
40 23-30-101, Utah Code Annotated 1953
41 23-30-102, Utah Code Annotated 1953
42 23-30-103, Utah Code Annotated 1953
43 23-30-104, Utah Code Annotated 1953
44 23-30-105, Utah Code Annotated 1953
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46 Be it enacted by the Legislature of the state of Utah:
47 Section 1. Section 23-30-101 is enacted to read:
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49 23-30-101. Title.
50 This chapter is known as the "Mule Deer Protection Act."
51 Section 2. Section 23-30-102 is enacted to read:
52 23-30-102. Definitions.
53 As used in this chapter:
54 (1) "General predator control" means a predatory animal removal effort by the division
55 to reduce predatory animal numbers.
56 (2) "Predatory animal" means a coyote.
57 (3) "Targeted predator control" means a predatory animal removal effort by the
58 division:
59 (a) to reduce predatory animal numbers in a general area where mule deer predation
60 occurs; and
61 (b) that focuses on specific locations and certain times.
62 Section 3. Section 23-30-103 is enacted to read:
63 23-30-103. Mule Deer Protection Account -- Contents -- Use of funds.
64 (1) There is created a restricted account within the General Fund known as the "Mule
65 Deer Protection Restricted Account."
66 (a) The restricted account shall consist of:
67 (i) appropriations made by the Legislature;
68 (ii) grants or donations from:
69 (A) the federal government;
70 (B) a state agency;
71 (C) a local government; or
72 (D) a person; and
73 (iii) revenue from fees collected under Section 23-30-105 .
74 (b) The division shall:
75 (i) administer the restricted account; and
76 (ii) deposit interest earned on the account into the General Fund.
77 (c) Funds deposited in the restricted account shall be non-lapsing.
78 (d) Grants and donations of money deposited into the restricted account under
79 Subsection (1)(a)(ii) may be expended without being appropriated by the Legislature.
80 (2) The division may expend money in the restricted account on:
81 (a) a program established by rule under Subsection 23-30-104 (1)(a);
82 (b) a contract for targeted predator control described in Subsection 23-30-104 (2)(a);
83 (c) predator control education and training related to mule deer protection described in
84 Subsection 23-30-104 (2)(b); and
85 (d) administration costs incurred to carry out the requirements of this chapter.
86 Section 4. Section 23-30-104 is enacted to read:
87 23-30-104. Predator control.
88 (1) The division shall:
89 (a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
90 Rulemaking Act, to establish and administer programs to accomplish targeted predator control
91 or general predator control, including programs that offer incentives or compensation to
92 participants who remove a predatory animal that is detrimental to mule deer production;
93 (b) coordinate with federal, state, and local governments, and private persons to
94 accomplish the purposes of this chapter; and
95 (c) coordinate with the Department of Agriculture and Food and the Agriculture and
96 Wildlife Damage Prevention Board created in Section 4-23-4 to:
97 (i) minimize unnecessary duplication of predator control efforts; and
98 (ii) prevent interference between predator control programs administered under Title 4,
99 Chapter 23, Agricultural and Wildlife Damage Prevention Act, and this chapter.
100 (2) The division may:
101 (a) contract with a vendor that offers targeted predator control services; and
102 (b) prepare and distribute educational and training materials related to mule deer
103 protection.
104 Section 5. Section 23-30-105 is enacted to read:
105 23-30-105. Division authorized to establish and collect fees.
106 (1) The division may, in accordance with Section 63J-1-504 , establish and collect fees
107 for participation in a program established under Subsection 23-30-104 (1)(a).
108 (2) Fees collected under Subsection (1) shall be:
109 (a) deposited into the Mule Deer Protection Restricted Account established in Section
110 23-30-103 ; and
111 (b) expended in accordance with the requirements of Section 23-30-103 .
112 Section 6. Appropriation.
113 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
114 following sums of money are appropriated from resources not otherwise appropriated, or
115 reduced from amounts previously appropriated, out of the funds or accounts indicated for the
116 fiscal year beginning July 1, 2012, and ending June 30, 2013. These are additions to any
117 amounts previously appropriated for fiscal year 2013.
118 To Mule Deer Protection - General Fund Restricted Account
119 From General Fund, ongoing
$500,000
120 Schedule of programs:
121 Division of Wildlife Resources - Wildlife Section $500,000
122 To Agriculture and Wildlife Damage Prevention - General Fund Restricted Account
123 From General Fund, ongoing
$250,000
124 Schedule of programs:
125 Department of Agriculture and Food Predatory
126 Animal Control $250,000
Legislative Review Note
as of 2-28-12 8:09 AM