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Senate passes bioprospecting bill to protect Utah microorganisms and state royalty rights

Utah State Senate · March 1, 2010
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Summary

SB51 creates a registration and royalty framework for prospecting state microorganisms, makes unauthorized collection a misdemeanor with restitution on derived products, and passed the Senate under suspension after a technical amendment.

The Senate approved first substitute Senate Bill 51 to establish a state framework around bio-prospecting of state microorganisms and to protect potential economic development derived from those resources.

Sponsor Senator Hilliard said researchers at USTAR and others identified unique microorganisms in Utah (including the Great Salt Lake and desert areas) with potential use in energy and bio-based products. The bill requires those prospecting for such organisms on state land to file a registration acknowledging the critters "belong to the state of Utah" and preserves a royalty interest for the state on products developed from them. The bill also creates a criminal restitution mechanism when someone takes samples without registering: the unauthorized taker would commit a Class C misdemeanor and face restitution claims on products developed from the samples.

A technical amendment (mostly punctuation and spelling corrections) was adopted; Senator Dayton described his vote as 'in awe' of the science described. Under suspension of the rules the Senate gave final passage (27 yea, 0 nay, 2 absent) and the bill will be forwarded to the House for further action.