First Substitute H.B. 125

Representative Kerry W. Gibson proposes the following substitute bill:

1 DEPARTMENT OF AGRICULTURE AND FOOD
2 AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kerry W. Gibson
6 Senate Sponsor: Darin G. Peterson
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions relating to the Department of Agriculture and Food.
11 Highlighted Provisions:
12 This bill:
13 . expands the types of actions for which the department may receive court costs and
14 fees;
15 . requires the attorney general to represent the department in an action enforcing the
16 Utah Dairy Act and the Utah Wholesome Food Act;
17 . authorizes a regional grazing board to elect a treasurer;
18 . requires a regional grazing board treasurer to post a bond; and
19 . makes technical changes.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:

26 4-1-4, as last amended by Laws of Utah 2007, Chapter 179
27 4-20-1.6, as last amended by Laws of Utah 2007, Chapter 179
28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 4-1-4 is amended to read:
31 4-1-4. Code enforcement -- Inspection authorized -- Condemnation or seizure --
32 Injunctive relief -- Costs awarded -- County or district attorney to represent state --
33 Criminal actions -- Witness fee.
34 (1) [For the purpose of enforcing any] To enforce a provision in this title, the
35 department may:
36 (a) enter, at reasonable times, and inspect [any] a public or private premises where an
37 agricultural [products are] product is located; and
38 (b) obtain [samples of products] a sample of an agricultural product at no charge to the
39 department, unless otherwise specified in this title.
40 (2) The department may proceed immediately, if admittance is refused, to obtain an ex
41 parte warrant from the nearest court of competent jurisdiction to allow entry [upon] to the
42 premises [for the purpose of making inspections and obtaining samples] to inspect or obtain a
43 sample.
44 (3) (a) The department is authorized in [any] a court of competent jurisdiction to:
45 (i) seek an order of seizure or condemnation of [any] an agricultural product that
46 violates this title; or
47 (ii) upon proper grounds, obtain a temporary restraining order or temporary or
48 permanent injunction to prevent violation of this title.
49 (b) [No bond shall be required] The court may not require a bond of the department in
50 [any] an injunctive proceeding brought under this section.
51 (4) (a) If the court orders condemnation, the department shall dispose of the
52 agricultural product as the court directs.
53 (b) The court may not order condemnation without giving the claimant of the
54 agricultural product an opportunity to apply to the court for permission to:
55 (i) bring the agricultural product into conformance; or [for permission to]
56 (ii) remove [it] the agricultural product from the state.

57 (5) If the [court orders condemnation] department prevails in an action authorized by
58 Subsection (3)(a), the court shall award court costs, fees, storage, and other costs to the
59 department.
60 (6) (a) Unless otherwise specifically provided [within the particular chapter governing
61 the product sought to be seized or condemned or the conduct sought to be enjoined] by this
62 title, the county attorney of the county in which the product is located or the act committed
63 shall represent the department in [any] an action commenced under authority of this section.
64 (b) The attorney general shall represent the department in an action to enforce:
65 (i) Chapter 3, Utah Dairy Act; or
66 (ii) Chapter 5, Utah Wholesome Food Act.
67 (7) (a) In [any] a criminal action brought by the department for violation of this title,
68 the county attorney or district attorney in the county in which the alleged criminal activity
69 [occurred] occurs shall represent the state.
70 (b) Before the department pursues [any] a criminal action, [it] the department shall first
71 give to the person it intends to have charged:
72 (i) written notice of its intent to file criminal charges [to the person it intends to
73 charge]; and [give the person]
74 (ii) an opportunity to present, personally or through counsel, the person's views with
75 respect to the contemplated action.
76 (8) [Any] A witness subpoenaed by the department for whatever purpose is entitled to:
77 (a) a witness fee for each day of required attendance at [proceedings] a proceeding
78 initiated by the department; and
79 (b) mileage in accordance with the fees and mileage allowed [witnesses] a witness
80 appearing in [the] a district [courts] court of this state.
81 Section 2. Section 4-20-1.6 is amended to read:
82 4-20-1.6. Regional Grazing Advisory Boards -- Duties.
83 (1) The commissioner shall appoint members to a regional board for each grazing
84 district from nominations submitted by:
85 (a) the Utah Cattlemen's Association;
86 (b) the Utah Woolgrower's Association;
87 (c) the Utah Farm Bureau Federation; and

88 (d) a conservation district, if the conservation district's boundaries include some
89 portion of the grazing district.
90 (2) Regional boards:
91 (a) shall provide advice and recommendations to the state board; and
92 (b) may receive monies from the Rangeland Improvement Fund created in Section
93 4-20-2 .
94 (3) If a regional board receives monies as authorized by Subsection (2)(b), the regional
95 board shall elect a treasurer to expend the monies:
96 (a) as directed by the regional board; and
97 (b) in accordance with Section 4-20-3 .
98 (4) (a) A treasurer elected in accordance with Subsection (3) shall, for the faithful
99 performance of the treasurer's official duties, file with the department:
100 (i) a $5,000 corporate surety bond; or
101 (ii) a $10,000 personal surety bond.
102 (b) The regional board shall pay the premium for the bond required by Subsection
103 (4)(a) from the monies received under Subsection (2)(b).