Bill Summary – FastDemocracy

Enrolled Copy                                                                            H.B. 31
                WILDLIFE RESOURCES RECODIFICATION CROSS
                                           REFERENCES
                                     2023 GENERAL SESSION
                                          STATE OF UTAH
                                 Chief Sponsor: Casey Snider
                               Senate Sponsor: Scott D. Sandall
 7
 LONG TITLE
 General Description:
       This bill addresses cross references related to the recodification of Title 23, Wildlife
 Resources Code of Utah.
 Highlighted Provisions:
       This bill:
       < changes relevant cross references; and
       < makes technical changes.
 Money Appropriated in this Bill:
       None
 Other Special Clauses:
       This bill provides a special effective date.
       This bill provides revisor instructions.
 Utah Code Sections Affected:
 AMENDS:
       4-14-102, as last amended by Laws of Utah 2018, Chapter 457
       4-23-106, as last amended by Laws of Utah 2020, Chapter 311
       4-34-108, as enacted by Laws of Utah 2022, Chapter 53
       4-37-103, as last amended by Laws of Utah 2017, Chapter 412
       4-37-108, as last amended by Laws of Utah 2017, Chapter 412
       4-37-111, as last amended by Laws of Utah 2017, Chapter 412
       4-37-204, as last amended by Laws of Utah 2022, Chapter 79
      H.B. 31                                                                    Enrolled Copy
       4-39-401, as last amended by Laws of Utah 2018, Chapter 355
       4-46-103, as enacted by Laws of Utah 2022, Chapter 68
       4-46-401, as enacted by Laws of Utah 2022, Chapter 68
       10-2-403, as last amended by Laws of Utah 2021, Chapter 112
       11-3-10, as last amended by Laws of Utah 1993, Chapter 234
       11-41-102, as last amended by Laws of Utah 2022, Chapter 307
       11-46-302, as enacted by Laws of Utah 2011, Chapter 130
       11-51a-201, as enacted by Laws of Utah 2015, Chapter 419
       11-65-206, as enacted by Laws of Utah 2022, Chapter 59
       17-27a-401, as last amended by Laws of Utah 2022, Chapters 282, 406
       24-4-115, as last amended by Laws of Utah 2022, Chapter 179
       41-1a-422, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, 255, 259, 335,
 451, and 456
       51-9-402, as last amended by Laws of Utah 2020, Chapter 230
       53-2a-208, as last amended by Laws of Utah 2022, Chapter 39
       53-2a-1102, as last amended by Laws of Utah 2022, Chapters 68, 73
       53-7-221, as last amended by Laws of Utah 2018, Chapter 189
       53-13-103, as last amended by Laws of Utah 2021, Chapter 349
       57-14-202, as last amended by Laws of Utah 2021, Chapter 41
       57-14-204, as last amended by Laws of Utah 2022, Chapter 68
       58-79-102, as last amended by Laws of Utah 2020, Chapters 316, 376
       59-2-301.5, as enacted by Laws of Utah 2013, Chapter 96
       63A-16-803, as renumbered and amended by Laws of Utah 2021, Chapter 344
       63A-17-512, as renumbered and amended by Laws of Utah 2021, Chapter 344
       63G-7-201, as last amended by Laws of Utah 2021, Chapter 352
       63G-21-201, as last amended by Laws of Utah 2022, Chapter 419
       63I-1-223, as last amended by Laws of Utah 2020, Chapters 154, 232
       63I-2-223, as last amended by Laws of Utah 2012, Chapter 369
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      Enrolled Copy                                                                      H.B. 31
        63J-1-602.1, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
 and 451
        63J-1-602.2, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236,
 242, and 447 and last amended by Coordination Clause, Laws of Utah 2022,
 Chapter 154
        63L-7-106, as enacted by Laws of Utah 2014, Chapter 323
        63L-8-303, as enacted by Laws of Utah 2016, Chapter 317
        63L-8-304, as last amended by Laws of Utah 2017, Chapter 451
        72-9-501, as last amended by Laws of Utah 2021, Chapter 239
        73-3-30, as last amended by Laws of Utah 2022, Chapter 43
        73-18-26, as last amended by Laws of Utah 2020, Chapter 195
        73-29-102, as enacted by Laws of Utah 2010, Chapter 410
        73-30-201, as last amended by Laws of Utah 2020, Chapter 352
        76-9-301, as last amended by Laws of Utah 2021, Chapter 57
        76-10-504, as last amended by Laws of Utah 2021, Chapter 12
        76-10-508, as last amended by Laws of Utah 2019, Chapter 39
        76-10-508.1, as last amended by Laws of Utah 2019, Chapter 39
        76-10-1602, as last amended by Laws of Utah 2022, Chapters 181, 185
        77-20-204, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
        77-23-104, as last amended by Laws of Utah 2001, Chapter 168
        78A-5-110, as last amended by Laws of Utah 2022, Chapter 68
        78A-7-106, as last amended by Laws of Utah 2022, Chapters 155, 318
        78A-7-120, as last amended by Laws of Utah 2022, Chapters 68, 89
        78B-6-501, as last amended by Laws of Utah 2021, Chapter 41
        79-1-104, as enacted by Laws of Utah 2022, Chapter 68
        79-2-102, as enacted by Laws of Utah 2009, Chapter 344
        79-2-201, as last amended by Laws of Utah 2022, Chapter 68
        79-2-601, as enacted by Laws of Utah 2022, Chapter 51
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        H.B. 31                                                                           Enrolled Copy
 86
 Be it enacted by the Legislature of the state of Utah:
          Section 1. Section 4-14-102 is amended to read:
          4-14-102. Definitions.
          As used in this chapter:
          (1) "Active ingredient" means an ingredient that:
          (a) prevents, destroys, repels, controls, or mitigates pests; or
          (b) acts as a plant regulator, defoliant, or desiccant.
          (2) "Adulterated pesticide" means a pesticide with a strength or purity that is below the
 standard of quality expressed on the label under which the pesticide is offered for sale.
          (3) "Animal" means all vertebrate or invertebrate species.
          (4) "Beneficial insect" means an insect that is:
          (a) an effective pollinator of plants;
          (b) a parasite or predator of pests; or
          (c) otherwise beneficial.
          (5) "Certified applicator" means an individual who is licensed by the department to
 apply:
          (a) a restricted use pesticide; or
          (b) a general use pesticide for hire or in exchange for compensation.
          (6) "Certified qualified applicator" means a certified applicator who is eligible to act as
 a qualifying party.
          (7) "Defoliant" means a substance or mixture intended to cause leaves or foliage to
 drop from a plant, with or without causing abscission.
          (8) "Desiccant" means a substance or mixture intended to artificially accelerate the
 drying of plant or animal tissue.
          (9) "Distribute" means to offer for sale, sell, barter, ship, deliver for shipment, receive,
 deliver, or offer to deliver pesticides in this state.
          (10) "Environment" means all living plants and animals, water, air, land, and the
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        Enrolled Copy                                                                           H.B. 31
 interrelationships that exist between them.
        (11) (a) "Equipment" means any type of ground, water, or aerial equipment or
 contrivance using motorized, mechanical, or pressurized power to apply a pesticide.
        (b) "Equipment" does not mean any pressurized hand-sized household apparatus used
 to apply a pesticide or any equipment or contrivance used to apply a pesticide that is dependent
 solely upon energy expelled by the person making the pesticide application.
        (12) "EPA" means the United States Environmental Protection Agency.
        (13) "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act.
        (14) (a) "Fungus" means a nonchlorophyll-bearing thallophyte or a
 nonchlorophyll-bearing plant of an order lower than mosses and liverworts, including rust,
 smut, mildew, mold, yeast, and bacteria.
        (b) "Fungus" does not include fungus existing on or in:
        (i) a living person or other animal; or
        (ii) processed food, beverages, or pharmaceuticals.
        (15) "Herbicide" means a substance that is toxic to plants and is used to control or
 eliminate unwanted vegetation.
        (16) "Insect" means an invertebrate animal generally having a more or less obviously
 segmented body:
        (a) usually belonging to the Class Insecta, comprising six-legged, usually winged
 forms, including beetles, bugs, bees, and flies; and
        (b) allied classes of arthropods that are wingless usually having more than six legs,
 including spiders, mites, ticks, centipedes, and wood lice.
        (17) "Label" means any written, printed, or graphic matter on, or attached to, a
 pesticide or a container or wrapper of a pesticide.
        (18) (a) "Labeling" means all labels and all other written, printed, or graphic matter:
        (i) accompanying a pesticide or equipment; or
        (ii) to which reference is made on the label or in literature accompanying a pesticide or
 equipment.
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        H.B. 31                                                                           Enrolled Copy
         (b) "Labeling" does not include any written, printed, or graphic matter created by the
 EPA, the United States Departments of Agriculture or Interior, the United States Department of
 Health, Education, and Welfare, state experimental stations, state agricultural colleges, and
 other federal or state institutions or agencies authorized by law to conduct research in the field
 of pesticides.
         (19) "Land" means land, water, air, and plants, animals, structures, buildings,
 contrivances, and machinery appurtenant or situated thereon, whether fixed or mobile,
 including any used for transportation.
         (20) "Misbranded" means any label or labeling that is false or misleading or that does
 not strictly comport with the label and labeling requirements set forth in Section 4-14-104.
         (21) "Misuse" means use of any pesticide in a manner inconsistent with the pesticide's
 label or labeling.
         (22) "Nematode" means invertebrate animals of the Phylum Nemathelminthes and
 Class Nematoda, including unsegmented round worms with elongated, fusiform, or saclike
 bodies covered with cuticle, also known as nemas or eelworms.
         (23) "Ornamental and turf pest control" means the use of a pesticide to control
 ornamental and turf pests in the maintenance and protection of ornamental trees, shrubs,
 flowers, or turf.
         (24) (a) "Pest" means:
         (i) any insect, rodent, nematode, fungus, weed; or
         (ii) any other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other
 microorganism that is injurious to health or to the environment or that the department declares
 to be a pest.
         (b) "Pest" does not include:
         (i) viruses, bacteria, or other microorganisms on or in a living person or other living
 animal; or
         (ii) protected wildlife species identified in Section [23-13-2] 23A-1-101 that are
 regulated by the Division of Wildlife Resources in accordance with Sections [23-14-1 through
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        Enrolled Copy                                                                               H.B. 31
 23-14-3] 23A-2-102, 23A-2-201, 23A-2-301, 23A-2-302, and 23A-2-303.
         (25) "Pesticide" means any:
         (a) substance or mixture of substances, including a living organism, that is intended to
 prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug,
 fungus, weed, or other form of plant or animal life that is normally considered to be a pest or
 that the commissioner declares to be a pest;
         (b) any substance or mixture of substances intended to be used as a plant regulator,
 defoliant, or desiccant;
         (c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder,
 adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide
 to aid the pesticide's application or effect; and
         (d) any other substance designated by the department by rule.
         (26) "Pesticide applicator" is a person who:
         (a) applies or supervises the application of a pesticide; and
         (b) is required by this chapter to have a license.
         (27) (a) "Pesticide applicator business" means an entity that:
         (i) is authorized to do business in this state; and
         (ii) offers pesticide application services.
         (b) "Pesticide applicator business" does not include an individual licensed agricultural
 applicator who may work for hire.
         (28) "Pesticide dealer" means any person who distributes restricted use pesticides.
         (29) (a) "Plant regulator" means any substance or mixture intended, through
 physiological action, to accelerate or retard the rate of growth or rate of maturation, or
 otherwise alter the behavior of ornamental or crop plants.
         (b) "Plant regulator" does not include plant nutrients, trace elements, nutritional
 chemicals, plant inoculants, or soil amendments.
         (30) "Qualifying party" means a certified qualified applicator who is the owner or
 employee of a pesticide applicator business and who is registered with the department as the
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        H.B. 31                                                                         Enrolled Copy
 individual responsible for ensuring the training, equipping, and supervision of all pesticide
 applicators who work for the pesticide applicator business.
        (31) "Restricted use pesticide" means:
        (a) a pesticide, including a highly toxic pesticide, that is a serious hazard to beneficial
 insects, animals, or land; or
        (b) any pesticide or pesticide use restricted by the administrator of EPA or by the
 commissioner.
        (32) "Spot treatment" means the limited application of an herbicide to an area that is no
 more than 5% of the potential treatment area or one-twentieth of an acre, whichever is smaller,
 using equipment that is designed to contain no more than five gallons of mixture.
        (33) "Weed" means any plant that grows where not wanted.
        (34) "Wildlife" means all living things that are neither human, domesticated, nor pests.
        Section 2. Section 4-23-106 is amended to read:
        4-23-106. Department to issue licenses and permits -- Department to issue
 aircraft use permits -- Aerial hunting.
        (1) The department is responsible for the issuance of permits and licenses for the
 purposes of the federal Fish and Wildlife Act of 1956.
        (2) A private person may not use an aircraft for the prevention of damage without first
 obtaining a use permit from the department.
        (3) The department may issue an annual permit for aerial hunting to a private person
 for the protection of land, water, wildlife, livestock, domesticated animals, human life, or
 crops, if the person shows that the person or the person's designated pilot, along with the
 aircraft to be used in the aerial hunting, are licensed and qualified in accordance with the
 requirements of the department set by rule.
        (4) The department may predicate the issuance or retention of a permit for aerial
 hunting upon the permittee's full and prompt disclosure of information as the department may
 request for submission pursuant to rules made by the department.
        (5) The department shall collect an annual fee, set in accordance with Section
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        Enrolled Copy                                                                              H.B. 31
 63J-1-504, from a person who has an aircraft for which a permit is issued or renewed under this
 section.
        (6) Aerial hunting activity under a permit issued by the department is restricted to:
        (a) (i) private lands that are owned or managed by the permittee;
        (ii) state grazing allotments where the permittee is permitted by the state or the State
 Institutional Trust Lands Administration to graze livestock; or
        (iii) federal grazing allotments where the permittee is permitted by the United States
 Bureau of Land Management or United States Forest Service to graze livestock; and
        (b) only during the time period for which the private land owner has provided written
 permission for the aerial hunting.
        (7) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act, that are necessary to carry out the purpose of this section.
        (8) The issuance of an aerial hunting permit or license under this section does not
 authorize the holder to use aircraft to hunt, pursue, shoot, wound, kill, trap, capture, or collect
 protected wildlife, as defined in Section [23-13-2] 2