5
4-11-116
4-11-117
63I-2-204
UTAH BEE INSPECTION ACT AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rex P. Shipp
Senate Sponsor: Ronald M. Winterton
LONG TITLE
General Description:
This bill modifies the Utah Bee Inspection Act.
Highlighted Provisions:
This bill:
defines terms;
restricts the ability of a governmental entity to regulate beekeeping on private property;
provides exceptions for governmental entities to restrict beekeeping in a governmental
entity's jurisdiction;
requires the Department of Agriculture and Food to convene a working group to develop
recommendations for standards that governmental entities must follow when restricting
beekeeping;
authorizes the Department of Agriculture and Food to adopt rules based on the working
group's recommendations; and
provides an automatic repeal date for the working group once the Department of
Agriculture and Food has implemented the working group's recommendations into rule.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-2-204, as last amended by Laws of Utah 2023, Chapters 33, 273
ENACTS:
4-11-116, Utah Code Annotated 1953
4-11-117, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section
4-11-116 is enacted to read:
4-11-116. Regulation of beekeeping reserved to state -- Exceptions --
Rulemaking authorized.
(1)
As used in this section, "governmental entity" means the same as that term is defined in
Section
11-13a-102.
(2)
Except as authorized by Subsection (3), a governmental entity may not adopt or enforce
any restriction related to the raising of bees on private property that is more restrictive
than the restrictions in this chapter.
(3)
A governmental entity may adopt and enforce a restriction related to the number and
location of hives on property within the governmental entity's jurisdiction if the
restriction complies with the department's rules described in Subsection (4).
(4)
The department may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, for governmental entities to follow when adopting
beekeeping restrictions in the governmental entity's jurisdiction related to:
(a)
the number of hives permitted on a property;
(b)
the location of hives on a property; and
(c)
any locations unsuitable for beekeeping.
(5)
This section does not restrict or expand private property rights.
Section 2, Section
4-11-117 is enacted to read:
4-11-117. Beekeeping working group -- Development of standards.
(1)
As used in this section:
(a)
"Municipality" means the same as that term is defined in Section
10-1-104.
(b)
"Urban county" means a county of the first or second class.
(c)
"Urban municipality" means a municipality located within the boundaries of:
(i)
an urban county; or
(ii)
a county of the third class, if the municipality has a population of 10,000 or more.
(2)
On or before November 30, 2024, the department shall convene a working group to
develop recommendations for standards related to:
(a)
the number and characteristics of hives appropriate for properties in urban and
nonurban counties or municipalities, considering lot size and neighborhood
population density;
(b)
the location and barrier guidance for hives appropriate for properties in urban and
nonurban counties or municipalities, to minimize the impact on a neighboring
property;
(c)
any locations in urban and nonurban counties or municipalities unsuitable for
beekeeping;
(d)
swarm prevention;
(e)
water sources related to beekeeping; and
(f)
open feeding related to beekeeping.
(3)
(a)
The working group described in Subsection (2) shall include:
(i)
department staff as determined by the commissioner;
(ii)
a majority of the county bee inspectors, as described in Section
4-11-105, in the
state;
(iii)
one member representing county government, as determined by the
commissioner; and
(iv)
one member representing municipal government, as determined by the
commissioner.
(b)
A member of the working group may not receive compensation for membership on
or participation in the working group.
(4)
On or before December 31, 2024, the working group described in Subsection (2) shall
report the working group's recommendations to the commissioner.
(5)
On or before April 30, 2025, the department shall make rules in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, to implement the
recommendations from the working group's report described in Subsection (4).
Section 3, Section
63I-2-204 is amended to read:
63I-2-204. Repeal dates: Title 4.
(1)Title 4, Chapter 2, Part 6, Local Food Advisory Council, is repealed November 30, 2027.
(2)
Section
4-11-117 is repealed May 1, 2025.
(2)
(3)
Section
4-41a-102.1 is repealed January 1, 2024.
(3)
(4)
Title 4, Chapter 42, Utah Intracurricular Student Organization Support for
Agricultural Education and Leadership, is repealed on July 1, 2024.
(4)
(5)
Section
4-46-104, Transition, is repealed July 1, 2024.
Section 4.
Effective date.
This bill takes effect on May 1, 2024.