Representative Rex P. Shipp proposes the following substitute bill:


1     
UTAH BEE INSPECTION ACT AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rex P. Shipp

5     
Senate Sponsor: Ronald M. Winterton

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Bee Inspection Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     restricts the ability of a governmental entity to regulate beekeeping on private
14     property;
15          ▸     provides exceptions for governmental entities to restrict beekeeping in a
16     governmental entity's jurisdiction;
17          ▸     requires the Department of Agriculture and Food to convene a working group to
18     develop recommendations for standards that governmental entities must follow
19     when restricting beekeeping;
20          ▸     authorizes the Department of Agriculture and Food to adopt rules based on the
21     working group's recommendations; and
22          ▸     provides an automatic repeal date for the working group once the Department of
23     Agriculture and Food has implemented the working group's recommendations into
24     rule.
25     Money Appropriated in this Bill:

26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          63I-2-204, as last amended by Laws of Utah 2023, Chapters 33, 273
32     ENACTS:
33          4-11-116, Utah Code Annotated 1953
34          4-11-117, Utah Code Annotated 1953
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 4-11-116 is enacted to read:
38          4-11-116. Regulation of beekeeping reserved to state -- Exceptions -- Rulemaking
39     authorized.
40          (1) As used in this section, "governmental entity" means the same as that term is
41     defined in Section 11-13a-102.
42          (2) Except as authorized by Subsection (3), a governmental entity may not adopt or
43     enforce any restriction related to the raising of bees on private property that is more restrictive
44     than the restrictions in this chapter.
45          (3) A governmental entity may adopt and enforce a restriction related to the number
46     and location of hives on property within the governmental entity's jurisdiction if the restriction
47     complies with the department's rules described in Subsection (4).
48          (4) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
49     Administrative Rulemaking Act, for governmental entities to follow when adopting beekeeping
50     restrictions in the governmental entity's jurisdiction related to:
51          (a) the number of hives permitted on a property;
52          (b) the location of hives on a property; and
53          (c) any locations unsuitable for beekeeping.
54          (5) This section does not restrict or expand private property rights.
55          Section 2. Section 4-11-117 is enacted to read:
56          4-11-117. Beekeeping working group -- Development of standards.

57          (1) As used in this section:
58          (a) "Municipality" means the same as that term is defined in Section 10-1-104.
59          (b) "Urban county" means a county of the first or second class.
60          (c) "Urban municipality" means a municipality located within the boundaries of:
61          (i) an urban county; or
62          (ii) a county of the third class, if the municipality has a population of 10,000 or more.
63          (2) On or before November 30, 2024, the department shall convene a working group to
64     develop recommendations for standards related to:
65          (a) the number and characteristics of hives appropriate for properties in urban and
66     nonurban counties or municipalities, considering lot size and neighborhood population density;
67          (b) the location and barrier guidance for hives appropriate for properties in urban and
68     nonurban counties or municipalities, to minimize the impact on a neighboring property;
69          (c) any locations in urban and nonurban counties or municipalities unsuitable for
70     beekeeping;
71          (d) swarm prevention;
72          (e) water sources related to beekeeping; and
73          (f) open feeding related to beekeeping.
74          (3) (a) The working group described in Subsection (2) shall include:
75          (i) department staff as determined by the commissioner;
76          (ii) a majority of the county bee inspectors, as described in Section 4-11-105, in the
77     state;
78          (iii) one member representing county government, as determined by the commissioner;
79     and
80          (iv) one member representing municipal government, as determined by the
81     commissioner.
82          (b) A member of the working group may not receive compensation for membership on
83     or participation in the working group.
84          (4) On or before December 31, 2024, the working group described in Subsection (2)
85     shall report the working group's recommendations to the commissioner.
86          (5) On or before April 30, 2025, the department shall make rules in accordance with
87     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement the

88     recommendations from the working group's report described in Subsection (4).
89          Section 3. Section 63I-2-204 is amended to read:
90          63I-2-204. Repeal dates: Title 4.
91          (1) Title 4, Chapter 2, Part 6, Local Food Advisory Council, is repealed November 30,
92     2027.
93          (2) Section 4-11-117 is repealed May 1, 2025.
94          [(2)] (3) Section 4-41a-102.1 is repealed January 1, 2024.
95          [(3)] (4) Title 4, Chapter 42, Utah Intracurricular Student Organization Support for
96     Agricultural Education and Leadership, is repealed on July 1, 2024.
97          [(4)] (5) Section 4-46-104, Transition, is repealed July 1, 2024.
98          Section 4. Effective date.
99          This bill takes effect on May 1, 2024.