S.B. 212

1

INVASIVE SPECIES AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Peter C. Knudson
5 House Sponsor: Melvin R. Brown
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Division of Wildlife Resources' ability to eradicate and prevent
10 the infestation of the Dreissena mussel.
11 Highlighted Provisions:
12 This bill:
13 . authorizes the Division of Wildlife Resources to establish inspection stations to
14 temporarily stop, detain, and inspect a conveyance or equipment that may be
15 contaminated with Dreissena mussel;
16 . provides that a person who proceeds through an inspection station or administrative
17 checkpoint during normal hours of operation without presenting a conveyance for
18 inspection is guilty of a class B misdemeanor; and
19 . makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 23-27-201 , as enacted by Laws of Utah 2008, Chapter 284
27 23-27-301 , as enacted by Laws of Utah 2008, Chapter 284

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 23-27-201 is amended to read:
31 23-27-201. Invasive species prohibited -- Administrative inspection authorized.
32 (1) Except as authorized in this title or a board rule or order, a person may not:
33 (a) possess, import, export, ship, or transport a Dreissena mussel;
34 (b) release, place, plant, or cause to be released, placed, or planted a Dreissena mussel
35 in a water body, facility, or water supply system; or
36 (c) transport a conveyance or equipment that has been in an infested water within the
37 previous 30 days without decontaminating the conveyance or equipment.
38 (2) A person who violates Subsection (1):
39 (a) is strictly liable;
40 (b) is guilty of an infraction; and
41 (c) shall reimburse the state for all costs associated with detaining, quarantining, and
42 decontaminating the conveyance or equipment.
43 (3) A person who knowingly or intentionally violates Subsection (1) is guilty of a class
44 A misdemeanor.
45 (4) A person may not proceed past or travel through an inspection station or
46 administrative checkpoint, as described in Section 23-27-301 , while transporting a conveyance
47 during an inspection station's or administrative checkpoint's hours of operations without
48 presenting the conveyance for inspection.
49 (5) A person who violates Subsection (4) is guilty of a class B misdemeanor.
50 Section 2. Section 23-27-301 is amended to read:
51 23-27-301. Division's power to prevent invasive species infestation.
52 To eradicate and prevent the infestation of a Dreissena mussel, the division may:
53 (1) (a) establish inspection stations located at or along:
54 (i) highways, as defined in Section 72-1-102 ;
55 (ii) ports of entry, if the Department of Transportation authorizes the division to use the
56 port of entry; and
57 (iii) publicly accessible:
58 (A) boat ramps; and

59 (B) conveyance launch sites; and
60 [(1)] (b) temporarily stop, detain, and inspect a conveyance or equipment that:
61 [(a)] (i) the division reasonably believes is in violation of Section 23-27-201 ; [or]
62 [(b)] (ii) is stopped at [a port-of-entry;] an inspection station; or
63 (iii) is stopped at an administrative checkpoint;
64 [(2) require a motor vehicle transporting a conveyance or equipment to stop for an
65 inspection at a port-of-entry if the Department of Transportation authorizes the division to use
66 the port-of-entry;]
67 [(3)] (2) conduct an administrative checkpoint in accordance with Section 77-23-104 ;
68 [(4)] (3) detain and quarantine a conveyance or equipment as provided in Section
69 23-27-302 ;
70 [(5)] (4) order a person to decontaminate a conveyance or equipment; and
71 [(6)] (5) inspect the following that may contain a Dreissena mussel:
72 (a) a water body;
73 (b) a facility; and
74 (c) a water supply system.




Legislative Review Note
as of 2-18-14 10:06 AM

Office of Legislative Research and General Counsel