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S.B. 35 Enrolled
AN ACT RELATING TO AGRICULTURE; CHANGING THE NAME OF THE
DEPARTMENT OF AGRICULTURE TO THE DEPARTMENT OF AGRICULTURE
AND FOOD; CHANGING THE TITLE OF COMMISSIONER OF AGRICULTURE TO
COMMISSIONER OF AGRICULTURE AND FOOD; MAKING TECHNICAL
AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
3-1-41, as last amended by Chapter 66, Laws of Utah 1984
4-1-3.5, as enacted by Chapter 161, Laws of Utah 1987
4-1-4, as last amended by Chapter 38, Laws of Utah 1993
4-1-8, as last amended by Chapter 20, Laws of Utah 1995
4-2-1, as enacted by Chapter 2, Laws of Utah 1979
4-14-10, as last amended by Chapters 194 and 243, Laws of Utah 1996
4-17-2, as last amended by Chapter 227, Laws of Utah 1993
4-17-3.5, as last amended by Chapter 243, Laws of Utah 1996
4-18-4, as last amended by Chapter 243, Laws of Utah 1996
4-19-1, as enacted by Chapter 2, Laws of Utah 1979
4-22-2, as last amended by Chapter 243, Laws of Utah 1996
4-23-7.5, as last amended by Chapter 98, Laws of Utah 1994
4-23-11, as enacted by Chapter 40, Laws of Utah 1990
4-35-2, as enacted by Chapter 133, Laws of Utah 1985
4-35-6, as last amended by Chapter 15, Laws of Utah 1986
4-36-3, as enacted by Chapter 191, Laws of Utah 1985
4-36-4, as enacted by Chapter 191, Laws of Utah 1985
4-37-107, as last amended by Chapter 243, Laws of Utah 1996
4-37-503, as last amended by Chapter 243, Laws of Utah 1996
4-38-3, as last amended by Chapter 64, Laws of Utah 1993
9-2-504, as last amended by Chapter 243, Laws of Utah 1996
17-41-304, as last amended by Chapter 222, Laws of Utah 1996
17-41-406, as enacted by Chapter 58, Laws of Utah 1994
17A-3-800, as enacted by Chapter 244, Laws of Utah 1993
19-1-107, as last amended by Chapter 243, Laws of Utah 1996
23-15-13, as enacted by Chapter 153, Laws of Utah 1994
23-24-1, as enacted by Chapter 290, Laws of Utah 1990
42-3-1, Utah Code Annotated 1953
42-3-2, as last amended by Chapter 313, Laws of Utah 1994
42-3-4, as last amended by Chapter 313, Laws of Utah 1994
53-7-222, as renumbered and amended by Chapter 234, Laws of Utah 1993
58-20a-301, as enacted by Chapter 95, Laws of Utah 1995
58-20a-305, as enacted by Chapter 95, Laws of Utah 1995
59-2-514, as renumbered and amended by Chapter 4, Laws of Utah 1987
63-5-4, as last amended by Chapter 243, Laws of Utah 1996
63-5b-102 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
63-9a-22, as last amended by Chapter 76, Laws of Utah 1980
63-28a-3, as last amended by Chapters 159 and 243, Laws of Utah 1996
63-55-204, as last amended by Chapter 24, Laws of Utah 1995
63-85-2, as enacted by Chapter 304, Laws of Utah 1992
67-19-6.7 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
67-19c-101 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
67-22-2 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
73-10g-2, as enacted by Chapter 4, Laws of Utah 1991, First Special Session
73-10h-2, as enacted by Chapter 304, Laws of Utah 1992
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 3-1-41 is amended to read:
3-1-41. Domestic or foreign corporations or associations -- Plan of merger -- Articles
of merger -- Certificate of merger.
(1) A Utah cooperative association owning 90% of the outstanding shares of each class of
a foreign or domestic corporation or association may merge such other corporation or association
into itself without the approval of the shareholders or members of either corporation or association.
The governing board shall, by resolution, approve a plan of merger setting forth:
(a) the name of the subsidiary corporation or association and the name of the corporation or
association owning 90% or more of its shares, which is hereafter designated as the surviving
corporation or association; and
(b) the manner and basis for converting each class of shares of the subsidiary corporation
or association into shares, obligations, or other securities of the surviving corporation or association,
or of any other corporation or association, in whole or in part, into cash or other property.
A copy of the plan of merger shall be mailed to each record member or shareholder of the
subsidiary corporation or association.
(2) Articles of merger shall be executed in triplicate by the president or vice president and
the secretary or an assistant secretary of the surviving corporation or association and verified by one
of its officers.
The articles of merger shall set forth:
(a) the plan of merger;
(b) the number of outstanding shares of each class of the subsidiary corporation or
association and the number of such shares of each class owned by the surviving corporation or
association; and
(c) the date a copy of the plan of merger was mailed to shareholders or members of the
subsidiary corporation or association.
(3) Triplicate originals of the articles of merger shall be delivered to the Division of
Corporations and Commercial Code on the 30th day after mailing a copy of the plan to shareholders
or members. If that division finds such articles conform to law and that all fees prescribed by this
act have been paid, it shall:
(a) endorse on each of said triplicate originals the word "filed," together with the month,
date, and year of filing;
(b) file one of the triplicate originals with the Division of Corporations and Commercial
Code and forward another triplicate original to the state Department of Agriculture and Food; and
(c) issue a certificate of merger with the remaining triplicate original affixed.
The certificate of merger, together with a triplicate original of the articles of merger affixed
by the Division of Corporations and Commercial Code, shall be returned to the surviving corporation
or association or its representative.
(4) The merger of a foreign corporation or association into a Utah cooperative association
shall conform to the laws of the state under which each such foreign corporation or association is
organized.
Section 2. Section 4-1-3.5 is amended to read:
4-1-3.5. Procedures -- Adjudicative proceedings.
The Department of Agriculture and Food and its divisions shall comply with the procedures
and requirements of Title 63, Chapter 46b, Administrative Procedures Act, in their adjudicative
proceedings.
Section 3. Section 4-1-4 is amended to read:
4-1-4. Code enforcement -- Inspection authorized -- Condemnation or seizure --
Injunctive relief -- Costs awarded -- County or district attorney to represent state -- Criminal
actions -- Witness fee.
(1) For the purpose of enforcing any provision of this code, the Department of Agriculture
and Food may enter, at reasonable times, for the purpose of inspection, any public or private
premises where agricultural products are located and may obtain samples of products at no charge
to the department, unless otherwise specified within a particular chapter in this code.
(2) The department may proceed immediately, if admittance is refused, to obtain an ex parte
warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the
purpose of making inspections and obtaining samples.
(3) The department is authorized in any court of competent jurisdiction to seek an order of
seizure or condemnation of any agricultural product which violates any chapter contained within this
code or, upon proper grounds, to obtain a temporary restraining order or temporary or permanent
injunction to prevent violation of any such chapter. No bond shall be required of the department in
any injunctive proceeding brought under this section.
(4) If condemnation is ordered, the agricultural product shall be disposed of as the court
directs; provided, that in no event shall it order condemnation without giving the claimant of the
agricultural product an opportunity to apply to the court for permission to bring the product into
conformance or for permission to remove it from the state.
(5) If the court orders condemnation, court costs, fees, storage, and other costs shall be
awarded against the claimant.
(6) Unless otherwise specifically provided within the particular chapter governing the
product sought to be seized or condemned or the conduct sought to be enjoined, the county attorney
of the county in which the product is located or the act committed shall represent the department in
any action commenced under authority of this section.
(7) In any criminal action brought by the department for violation of any provision contained
within a chapter in this code, the county attorney or district attorney in the county in which the
alleged criminal activity occurred shall represent the state; provided, that before any criminal action
is commenced by the department, it shall first give written notice of its intent to file criminal charges
to the person it intends to charge and afford such person an opportunity to present, personally or
through counsel, such person's views with respect to the contemplated action.
(8) Any witness subpoenaed by the department for whatever purpose, is entitled to a witness
fee for each day of required attendance at proceedings initiated by the department and to mileage in
accordance with the fees and mileage allowed witnesses appearing in the district courts of this state.
Section 4. Section 4-1-8 is amended to read:
4-1-8. General definitions.
Subject to additional definitions contained in the chapters of this title which are applicable
to specific chapters, as used in this title:
(1) "Agriculture" means the science and art of the production of plants and animals useful
to man including the preparation of plants and animals for human use and disposal by marketing or
otherwise.
(2) "Agricultural product" or "product of agriculture" means any product which is derived
from agriculture, including any product derived from aquaculture as defined in Section 4-37-103.
(3) "Commissioner" means the commissioner of [
and food.
(4) "Department" means the Department of Agriculture and Food created under Title 4,
Chapter 2.
(5) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, or any other
domestic animal or domestic furbearer raised or kept for profit.
(6) "Organization" means a corporation, government or governmental subdivision or agency,
business trust, estate, trust, partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
(7) "Person" means a natural person or individual, corporation, organization, or other legal
entity.
Section 5. Section 4-2-1 is amended to read:
4-2-1. Department created.
There is hereby created within state government the Department of Agriculture and Food
which is responsible in this state for the administration and enforcement of all laws, services,
functions, and consumer programs related to agriculture as assigned to the department by the
Legislature.
Section 6. Section 4-14-10 is amended to read:
4-14-10. Pesticide Committee created -- Composition -- Terms -- Compensation --
Duties.
(1) There is created a Pesticide Committee comprising nine persons appointed by the
governor to four-year terms of office, one member from each of the following state agencies and
organizations:
(a) Utah State Agricultural Extension Service;
(b) Department of Agriculture and Food;
(c) Department of Health;
(d) Division of Wildlife Resources;
(e) Department of Environmental Quality;
(f) Utah Pest Control Association;
(g) agricultural chemical industry;
(h) Utah Farmers Union; and
(i) Utah Farm Bureau Federation.
(2) Notwithstanding the requirements of Subsection (1), the governor shall, at the time of
appointment or reappointment, adjust the length of terms to ensure that the terms of committee
members are staggered so that approximately half of the committee is appointed every two years.
(3) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(4) The committee shall elect one of its members to serve as chair. The chair is responsible
for the call and conduct of meetings of the Pesticide Committee.
(5) Attendance of a simple majority of the members constitutes a quorum for the transaction
of official business.
(6) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Higher education members who do not receive salary, per diem, or expenses from the
entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) Higher education members may decline to receive per diem and expenses for their
service.
(7) The Pesticide Committee shall make recommendations to the commissioner regarding
making rules pertaining to the sale, distribution, use, and disposal of pesticides.
Section 7. Section 4-17-2 is amended to read:
4-17-2. Definitions.
As used in this chapter:
(1) "Commission" means the county legislative body of the counties of this state[
(2) "Commissioner" means the commissioner of agriculture and food or the commissioner's
representative[
(3) "County noxious weed" means any plant which is not on the state noxious weed list, is
especially troublesome in a particular county, and is declared by the county legislative body to be
a noxious weed within its county[
(4) "Noxious weed" means any plant the commissioner determines to be especially injurious
to public health, crops, livestock, land, or other property.
Section 8. Section 4-17-3.5 is amended to read:
4-17-3.5. Creation of State Weed Committee -- Membership -- Powers and duties --
Expenses.
(1) There is created a State Weed Committee composed of five members, one member
representing each of the following:
(a) the [
(b) the Utah State University Agricultural Experiment Station;
(c) the Utah State University Extension Service;
(d) the Utah Association of Counties; and
(e) private agricultural industry.
(2) The commissioner shall select the members of the committee from those nominated by
each of the respective groups or agencies following approval by the Agricultural Advisory Board.
(3) (a) Except as required by Subsection (b), as terms of current committee members expire,
the commissioner shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (a), the commissioner shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of committee
members are staggered so that approximately half of the committee is appointed every two years.
(4) (a) Members may be removed by the commissioner for cause.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) The State Weed Committee shall:
(a) confer and advise on matters pertaining to the planning, implementation, and
administration of the state noxious weed program;
(b) recommend names for membership on the committee; and
(c) serve as members of the executive committee of the Utah Weed Control Association.
(6) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Higher education members who do not receive salary, per diem, or expenses from the
entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) Higher education members may decline to receive per diem and expenses for their
service.
(d) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Local government members may decline to receive per diem and expenses for their
service.
Section 9. Section 4-18-4 is amended to read:
4-18-4. Soil Conservation Commission created -- Composition -- Appointment --
Terms -- Compensation -- Attorney general to provide legal assistance.
(1) There is established, to serve as an agency of the state and functioning within the
Department of Agriculture and Food the Soil Conservation Commission to perform the functions
specified in this chapter.
(2) The Soil Conservation Commission shall be comprised of 12 members as follows:
(a) the director of the Extension Service at Utah State University, or his designee;
(b) the president of the Association of Soil Conservation Districts, or his designee;
(c) the commissioner, or his designee;
(d) the executive director of the Department of Natural Resources, or his designee;
(e) the executive director of the Department of Environmental Quality, or his designee; and
(f) seven district supervisors who provide district representation on the commission on a
multicounty basis.
(3) If a district supervisor is unable to attend a meeting, an alternate may serve in his place.
(4) The members of the commission specified in Subsection (2)(f) shall:
(a) be recommended by the commission to the governor; and
(b) be appointed by the governor with the advice and consent of the Senate.
(5) (a) Except as required by Subsection (b), as terms of current commission members
expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
appointment or reappointment, adjust the length of terms to ensure that the terms of commission
members are staggered so that approximately half of the commission is appointed every two years.
(6) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(7) The commissioner is chair of the commission.
(8) Attendance of a majority of the commission members at a meeting constitutes a quorum.
(9) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the commission at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Higher education members who do not receive salary, per diem, or expenses from the
entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) Higher education members may decline to receive per diem and expenses for their
service.
(d) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Local government members may decline to receive per diem and expenses for their
service.
(10) The commission shall keep a record of its actions.
(11) The attorney general shall provide legal services to the commission upon request.
Section 10. Section 4-19-1 is amended to read:
4-19-1. Department responsible for conduct and administration of rural rehabilitation
program.
The department through its Agricultural Development Division is responsible for the conduct
and administration of the rural rehabilitation program within the state in accordance with that certain
use agreement entered into January 1975, between the United States of America through its Farm
Home Administration and the state of Utah through its commissioner of agriculture and food.
Section 11. Section 4-22-2 is amended to read:
4-22-2. Utah Dairy Commission created -- Composition -- Elected members -- Terms
of elected members -- Qualifications for election.
(1) There is created an independent state agency known as the Utah Dairy Commission.
(2) The Utah Dairy Commission consists of 14 members as follows:
(a) the commissioner of [
representative;
(b) the dean of the College of Agriculture at Utah State University, or his representative;
(c) the president of the Utah Dairy Wives Association;
(d) a member from District 1, northern Cache County, which member shall have a Cornish,
Lewiston, Richmond/Cove, or Trenton mailing address;
(e) a member from District 2, central Cache County and Rich County, which member shall
have a Newton, Clarkston, Amalga, Smithfield, Benson, Hyde Park, Mendon, or Petersboro mailing
address;
(f) a member from District 3, southern Cache County, which member shall have a Logan,
Providence, Nibley, Hyrum, Paradise, Wellsville, College Ward, Young Ward, or Millville mailing
address;
(g) a member from District 4, Box Elder County;
(h) a member from District 5, Weber and Morgan Counties;
(i) a member from District 6, Salt Lake, Davis, and Tooele Counties;
(j) a member from District 7, Utah County;
(k) a member from District 8, Wasatch, Summit, Duchesne, Uintah, and Daggett Counties;
(l) a member from District 9, Millard, Beaver, Iron, and Washington Counties;
(m) a member from District 10, Sanpete, Carbon, Emery, Grand, Juab, and San Juan
Counties; and
(n) a member from District 11, Piute, Wayne, Kane, Garfield, and Sevier Counties.
(3) The ex officio members listed in Subsections (2)(a) and (b) shall serve without a vote.
(4) (a) The members listed in Subsections (2)(d) through (n):
(i) shall be elected to four-year terms of office as provided in Section 4-22-6; and
(ii) may serve no more than three terms.
(b) The limitation on the number of terms served as provided in Subsection (a) shall apply
to any person who has served or will serve on the commission before, on, or after May 2, 1994, the
effective date of this act.
(5) Members shall enter office on July 1 of the year in which they are elected.
(6) The commission, by two-thirds vote, may periodically alter the boundaries comprising
the districts established in this section to maintain equitable representation of active milk producers
on the commission.
(7) Each member shall be:
(a) a citizen of the United States;
(b) 26 years of age or older;
(c) an active milk producer with five consecutive years experience in milk production within
this state immediately preceding election; and
(d) a resident of Utah and the district represented.
Section 12. Section 4-23-7.5 is amended to read:
4-23-7.5. Agricultural and Wildlife Damage Prevention Account.
(1) There is created in the General Fund a restricted account known as the Agricultural and
Wildlife Damage Prevention Account.
(2) Money received under Section 4-23-7 shall be deposited by the commissioner of
agriculture and food in the Agricultural and Wildlife Damage Prevention Account to be appropriated
for the purposes provided in this chapter.
(3) Any supplemental contributions received by the department from livestock owners for
predator control programs shall be deposited into the Agricultural and Wildlife Damage Prevention
Account.
Section 13. Section 4-23-11 is amended to read:
4-23-11. Holding a raccoon or coyote in captivity prohibited -- Penalty.
(1) No person may hold in captivity a raccoon or coyote, except as provided by rules of the
Agricultural and Wildlife Damage Prevention Board.
(2) The Division of Wildlife Resources, with the cooperation of the Department of
Agriculture and Food and the Department of Health, shall enforce this section.
(3) Any violation of this section is a class B misdemeanor.
(4) This section does not prohibit a person from continuing to keep a raccoon or coyote that
he owns as of the effective date of this act.
Section 14. Section 4-35-2 is amended to read:
4-35-2. Definitions.
As used in this chapter:
[
[
under this chapter.
[
[
apple maggot, cherry fruit fly, plum curculio, and cereal leaf beetle.
Section 15. Section 4-35-6 is amended to read:
4-35-6. Money deposited as dedicated credits -- Balance nonlapsing -- Matching funds
allowed.
All money received by the state under this chapter is deposited by the Department of
Agriculture and Food as dedicated credits for the purpose of insect control with the state. Any
unexpended balance at the end of a fiscal year is nonlapsing. This money may be used as matching
funds for:
(1) participation in programs of the United States Department of Agriculture[
(2) in contracts with private property owners who own croplands contiguous to infested
public rangelands.
Section 16. Section 4-36-3 is amended to read:
4-36-3. Filing of compact.
Pursuant to Article IV (h) of the compact, copies of bylaws and amendments to the compact
shall be filed with the Department of Agriculture and Food.
Section 17. Section 4-36-4 is amended to read:
4-36-4. Compact administrator.
The compact administrator for this state shall be the commissioner of [
Section 18. Section 4-37-107 is amended to read:
4-37-107. Advisory council.
(1) The department shall establish an advisory council to give advice and make
recommendations on policies and rules adopted pursuant to this chapter.
(2) The advisory council shall consist of eight members appointed by the commissioner of
agriculture and food to four-year terms as follows:
(a) two members, recommended by the executive director of the Department of Natural
Resources, shall represent the Department of Natural Resources;
(b) two members shall represent the Department of Agriculture and Food;
(c) two members shall represent the aquaculture industry; and
(d) two members, recommended by the executive director of the Department of Natural
Resources from a list of candidates submitted by the Division of Wildlife Resources, shall represent
public fishing interests.
(3) Notwithstanding the requirements of Subsection (2), the commissioner shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of council
members are staggered so that approximately half of the council is appointed every two years.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) A majority of the advisory council constitutes a quorum. A quorum is necessary for the
council to act.
(6) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the council at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
Section 19. Section 4-37-503 is amended to read:
4-37-503. Fish Health Board -- Transition period.
(1) There is created within the department the Fish Health Board which shall be responsible
for determining:
(a) the pathogens for which inspection is required to receive health approval; and
(b) the pathogens which may not be present to receive health approval.
(2) (a) The Fish Health Board shall consist of six members, three of whom shall be
appointed by the commissioner of [
of whom shall be appointed by the executive director of the Department of Natural Resources from
a list of candidates submitted by the Division of Wildlife Resources.
(b) The state veterinarian shall be among the members appointed by the commissioner of
[
(c) The chief fish pathologist of the Division of Wildlife Resources shall be among the
members appointed by the executive director of the Department of Natural Resources.
(d) Except as required by Subsection (e), the term of office of board members shall be four
years.
(e) Notwithstanding the requirements of Subsection (d), the commissioner shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(f) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(g) The board shall meet upon the call of the chair or a majority of the board members.
(h) (i) A majority of the board members constitutes a quorum. A quorum is necessary for
the board to act.
(ii) Approval of a motion to list or delist a pathogen requires at least four votes.
(3) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the board at the rates established by the Division of Finance
under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(4) (a) The board shall make rules consistent with its responsibilities specified in Subsection
(1).
(b) The provisions of the proclamation of the Wildlife Board for "Aquaculture and Fish
Stocking" that pertain to pathogens for which inspection is necessary and which may not be present
shall remain in effect until the Fish Health Board enacts rules to replace those provisions.
Section 20. Section 4-38-3 is amended to read:
4-38-3. Utah Horse Racing Commission.
(1) (a) There is created within the Department the Utah Horse Racing Commission.
(b) (i) The commission shall consist of five members who shall be U.S. citizens, Utah
residents, and qualified voters of Utah.
(ii) Each member shall have an interest in horse racing.
(c) (i) The members of the commission shall be appointed by the governor with the consent
of the Senate.
(ii) The governor shall appoint commission members from a list of nominees submitted by
the commissioner of agriculture and food.
(d) (i) The members of the commission shall be appointed to four-year terms, except that
the original members shall be appointed within 30 days after the effective date of this chapter, two
of whom shall be appointed for terms expiring December 31, 1992, two for terms expiring December
31, 1994, and one for a term expiring December 31, 1996.
(ii) A commission member may not serve more than two consecutive terms.
(e) The governor shall make the appointments so that a resident of each of Utah's three
congressional districts is a member of the commission at all times.
(f) Each member shall hold office until his or her successor is appointed and qualified.
(g) Vacancies on the commission shall be filled by appointment by the governor with the
consent of the Senate for the unexpired term.
(h) Any member may be removed from office by the governor for cause after a public
hearing. Notice of the hearing shall fix the time and place of the hearing and shall specify the
charges. Copies of the notice of the hearing shall be served on the member by mailing it to the
member at his last known address at least ten days before the date fixed for the hearing. The
governor may designate a hearing officer to preside over the hearing and report his findings to the
governor.
(2) (a) The members of the commission shall annually elect a chairperson.
(b) Three members of the commission shall constitute a quorum for the transaction of any
business of the commission.
(c) Members of the commission shall receive per diem and expenses as established by the
Division of Finance.
(3) All claims and expenditures made under this chapter shall be first audited and passed
upon by the commission and when approved shall be paid in the manner provided by law for
payment of claims against the state [
(4) Any member of the commission who has a personal or private interest in any matter
proposed or pending before the commission shall publicly disclose this fact to the commission and
may not vote on the matter.
(5) Any member of the commission who owns or who has any interest or whose spouse or
member of his immediate family has any interest in a horse participating in a race shall disclose that
interest and may not participate in any commission decision involving that race.
Section 21. Section 9-2-504 is amended to read:
9-2-504. Members -- Appointment -- Terms -- Qualifications -- Vacancies -- Chair and
vice chair -- Executive secretary -- Executive committee -- Quorum -- Expenses.
(1) The council comprises the following nonvoting members or their designees:
(a) the adviser;
(b) the executive director of the Department of Natural Resources;
(c) the executive director of the Department of Community and Economic Development;
(d) the executive director of the Department of Health;
(e) the executive director of the Department of Environmental Quality;
(f) the commissioner of agriculture and food;
(g) the commissioner of higher education;
(h) the state planning coordinator; and
(i) the executive director of the Department of Transportation.
(2) The governor may appoint other voting members, not to exceed 12.
(3) (a) Except as required by Subsection (b), as terms of current council members expire,
the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
appointment or reappointment, adjust the length of terms to ensure that the terms of council members
are staggered so that approximately half of the council is appointed every two years.
(4) The governor shall consider all institutions of higher education in the state in the
appointment of council members.
(5) The voting members of the council shall be experienced or knowledgeable in the
application of science and technology to business, industry, or public problems and have
demonstrated their interest in and ability to contribute to the accomplishment of the purposes of this
part.
(6) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(7) (a) Each year the council shall select from its membership a chair and a vice chair.
(b) The chair and vice chair shall hold office for one year or until a successor is appointed
and qualified.
(8) The adviser shall serve as executive secretary of the council.
(9) An executive committee shall be established consisting of the chair, vice chair, and the
adviser.
(10) In order to conduct business matters of the council at regularly convened meetings, a
quorum consisting of a simple majority of the total voting membership of the council is required.
All matters of business affecting public policy require not less than a simple majority of affirmative
votes of the total membership.
(11) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the council at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Higher education members who do not receive salary, per diem, or expenses from the
entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) Higher education members may decline to receive per diem and expenses for their
service.
Section 22. Section 17-41-304 is amended to read:
17-41-304. Public hearing -- Review and action on proposal.
(1) After receipt of the reports from the advisory committee and planning commission, or
after the 45 days has expired, whichever is earlier, the county legislative body shall:
(a) schedule a public hearing;
(b) provide notice of the public hearing by:
(i) publishing notice in a newspaper having general circulation within the proposed
agriculture protection area; and
(ii) posting notice at five public places within, adjacent to, or near the proposed agriculture
protection area;
(c) ensure that the notice includes:
(i) the time, date, and place of the public hearing on the proposal;
(ii) a description of the proposed area;
(iii) any proposed modifications to the area;
(iv) the recommendations of the advisory committee and planning commission; and
(v) a statement that interested persons may appear at the public hearing and speak in favor
or against the proposal, any proposed modifications to the proposal, or the recommendations of the
advisory committee and planning commission.
(2) The county legislative body shall:
(a) convene the public hearing at the time, date, and place specified in the notice; and
(b) take verbal or written testimony from interested persons.
(3) (a) Within 120 days of the submission of the proposal, the county legislative body shall
approve, modify and approve, or reject the proposal.
(b) The creation of an agriculture protection area is effective when the county legislative
body approves a proposal or modified proposal or when 120 days have passed since submission of
the proposal and the county legislative body has failed to approve or reject the proposal within that
time, whichever is earlier.
(4) (a) In order to give constructive notice of the existence of the agriculture protection area
to all persons who have, may acquire, or may seek to acquire an interest in land in or adjacent to the
agriculture protection area, within ten days of the creation of an agriculture protection area, the
county legislative body shall file an executed document containing a legal description of the
agriculture protection area with:
(i) the county recorder of deeds; and
(ii) the planning commission.
(b) If the legal description of the property to be included in the agriculture protection area
is available through the county recorder's office, the county legislative body shall use that legal
description in its executed document required in Subsection (a).
(5) Within ten days of the recording of the agriculture protection area, the county legislative
body shall:
(a) send written notification to the commissioner of agriculture and food that the agriculture
protection area has been created;
(b) include in the notification:
(i) the number of landowners owning land within the agriculture protection area;
(ii) the total acreage of the area;
(iii) the date of approval of the area; and
(iv) the date of recording.
Section 23. Section 17-41-406 is amended to read:
17-41-406. Restrictions on state development projects.
(1) Each state agency that plans any development project that might affect land within an
agriculture protection area shall submit its development plan to the commissioner of agriculture and
food and the agriculture protection area's advisory board for their review.
(2) The commissioner of agriculture and food and the agriculture protection area's advisory
board shall:
(a) review the state agency's proposed development plan; and
(b) recommend any modifications to the development project that would protect the integrity
of the agriculture protection area or that would protect the agriculture protection area from nonfarm
encroachment.
Section 24. Section 17A-3-800 is amended to read:
17A-3-800. Definitions.
As used in this chapter:
(1) "Commission" means the Soil Conservation Commission created by Section 4-18-4.
(2) "Department" means the Department of Agriculture and Food created in Section 4-2-1.
(3) "District" means a soil conservation district created under this chapter.
Section 25. Section 19-1-107 is amended to read:
19-1-107. Environmental Quality Coordinating Committee created -- Chair --
Function -- Meetings -- Per diem and expenses.
(1) There is created within the department the Environmental Quality Coordinating
Committee.
(2) The committee comprises:
(a) the chairmen of the Air Quality Board, the Water Quality Board, the Drinking Water
Board, and the Solid and Hazardous Waste Control Board;
(b) the executive directors of the Departments of Natural Resources, Health, and
Environmental Quality;
(c) the commissioner of [
(d) a local health officer.
(3) The executive director of the Department of Environmental Quality is the chair of the
committee.
(4) The committee shall coordinate environmental policy decisions between departments and
assist in the development of environmental quality plans for the state.
(5) The committee shall meet on a regular basis on a schedule established by the chair.
(6) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Local government members may decline to receive per diem and expenses for their
service.
Section 26. Section 23-15-13 is amended to read:
23-15-13. Operation of aquaculture and fee fishing facilities.
A person may engage in the following activities as provided by Title 4, Chapter 37,
Aquaculture Act, and rules adopted under that chapter by the Department of Agriculture and Food
and Wildlife Board:
(1) acquisition, importation, or possession of aquatic animals intended for use in an
aquaculture or fee fishing facility;
(2) transportation of aquatic animals to or from an aquaculture facility or to a fee fishing
facility;
(3) stocking or propagation of aquatic animals in an aquaculture or fee fishing facility; and
(4) harvest, transfer, or sale of aquatic animals from an aquaculture or fee fishing facility.
Section 27. Section 23-24-1 is amended to read:
23-24-1. Procedure to obtain compensation for livestock damage done by bear or
mountain lion.
(1) As used in this section:
(a) "Damage" means injury or loss to livestock.
(b) "Division" means the Division of Wildlife Resources.
(c) "Livestock" means calves, sheep, or lambs.
(2) When livestock are damaged by a bear or mountain lion, the owner may receive
compensation for 50% of the fair market value of the damage. To obtain this compensation, the
owner of the damaged livestock shall notify the division of the damage as soon as possible, but no
later than four days after the damage is discovered. This notification is required each time any
damage is discovered.
(3) Proof of loss forms, provided by the division, shall be filed no later than 30 days after
the original notification of damage was given to the division by the claimant.
(4) (a) The division, with the assistance of the Department of Agriculture and Food in
making the determination, shall either accept or deny the claim for damages within 30 days after the
proof of loss form is filed. The division shall pay all accepted claims to the extent of money
appropriated by the Legislature for this purpose.
(b) The division shall not pay mountain lion and bear damage claims to livestock owners
who have failed to file with the commissioner of agriculture and food their completed livestock form
and appropriate fee as outlined in Section 4-23-7 for the immediately preceding and current year.
(c) If the division denies a claim, except as provided in Subsection (4)(b), the claimant may
appeal the decision to a panel consisting of one person selected by the claimant, one person selected
by the division, and a third person selected by the first two panel members. The panel shall decide
whether the division should pay all or a portion of the claim.
(5) The Wildlife Board is authorized, subject to Title 63, Chapter 46a, [
Administrative Rulemaking Act, to make and enforce rules to administer and enforce this section.
Section 28. Section 42-3-1 is amended to read:
42-3-1. Commissioner of agriculture and food to register names.
Any owner of a farm in this state may have the name of his farm, together with a brief
description of his lands to which such name applies, recorded in a register kept for the purpose in
the office of the commissioner of agriculture and food, and the commissioner of agriculture and food
shall furnish to such landowner a proper certificate setting forth such name and a brief description
of such lands. When any name shall have been so recorded it shall not be recorded as the name of
any other farm.
Section 29. Section 42-3-2 is amended to read:
42-3-2. Recording fee.
Any person having the name of his farm so recorded shall first pay to the commissioner of
agriculture and food a fee determined by the commissioner pursuant to Section 63-38-3.2. This fee
shall be transmitted to the General Fund.
Section 30. Section 42-3-4 is amended to read:
42-3-4. Cancellation by owner -- Fee.
When any owner of a registered farm desires to cancel its registered name, he shall write on
the back of the certificate the following: "This name is canceled, and I hereby release all rights
thereunder," and shall sign such statement in the presence of a witness and file the same in the office
of the commissioner of agriculture and food. For such filing the commissioner of agriculture and
food shall charge a fee determined by the commissioner pursuant to Section 63-38-3.2, which shall
be paid to the General Fund. The commissioner of agriculture and food shall, when such certificate
so endorsed has been filed in his office, write on the margin of the register of such name the word
"canceled."[
Section 31. Section 53-7-222 is amended to read:
53-7-222. Restrictions on the sale or use of fireworks.
(1) (a) The division shall test and approve a representative sample of each class C common
state approved explosive before the explosive may be sold to the public.
(b) The division shall publish a list of all class C explosives that are approved for sale to the
public each year.
(2) (a) Except as provided in Subsection (b), class C dangerous explosives may not be
possessed, discharged, sold, or offered for retail sale.
(b) (i) The following persons may purchase, possess, or discharge class C dangerous
explosives:
(A) display operators who receive a license from the division in accordance with Section
53-7-223 and approval from their local licensing authority in accordance with Section 11-3-3.5; and
(B) operators approved by the Division of Wildlife Resources or Department of Agriculture
and Food to discharge agricultural and wildlife fireworks.
(ii) Importers and wholesalers licensed under Section 53-7-224 may possess, sell, and offer
to sell class C dangerous explosives.
(3) Unclassified fireworks may not be sold, or offered for sale.
Section 32. Section 58-20a-301 is amended to read:
58-20a-301. Licensure required -- License classifications.
(1) A person shall hold a license under this chapter in order to engage in the practice of
environmental health science while employed by any of the following, except as specifically
exempted in Section 58-20a-305 or 58-1-307:
(a) a local health department;
(b) the state Department of Health;
(c) the state Department of Human Services;
(d) the Department of Agriculture and Food as a food and dairy compliance officer; or
(e) a local health department as its director of environmental health services.
(2) Any other individual not subject to Subsection (1) may also be licensed under this
chapter upon compliance with all requirements.
(3) The division shall issue to persons who qualify under this chapter a license in the
classification:
(a) environmental health scientist; or
(b) environmental health scientist-in-training.
Section 33. Section 58-20a-305 is amended to read:
58-20a-305. Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307, a person is exempt from
the licensure requirements of this chapter if:
(1) the person's practice of environmental health science is limited to inspecting in order to
enforce compliance with an inspection and maintenance program established pursuant to Section
41-6-163.6 or to issuing permits under that program;
(2) the person is a laboratory staff person employed by the Department of Agriculture and
Food or the Department of Health, and in his employment inspects, permits, certifies, or otherwise
enforces laboratory standards in laboratories regulated by state or local public health laws; or
(3) the person is the local health officer of a local public health department which employs
a director of environmental health services licensed under this chapter.
Section 34. Section 59-2-514 is amended to read:
59-2-514. State Farmland Evaluation Advisory Committee -- Membership -- Duties.
(1) There is created a State Farmland Evaluation Advisory Committee consisting of five
members appointed as follows:
(a) one member appointed by the commission who shall be chairman of the committee;
(b) one member appointed by the president of Utah State University;
(c) one member appointed by the state Department of Agriculture and Food;
(d) one member appointed by the state County Assessors' Association; and
(e) one member actively engaged in farming or ranching appointed by the other members
of the committee.
(2) The committee shall meet at the call of the chairman to review the several classifications
of land in agricultural use in the various areas of the state and recommend a range of values for each
of the classifications based upon productive capabilities of the land when devoted to agricultural
uses. The recommendations shall be submitted to the commission prior to October 2 of each year.
Section 35. Section 63-5-4 is amended to read:
63-5-4. Disaster Emergency Advisory Council created -- Function -- Composition --
Expenses.
(1) A Disaster Emergency Advisory Council is created to provide advice to the governor on
matters relating to state government emergency disaster response and recovery actions and activities.
(2) The council shall meet at the call of the governor.
(3) The Disaster Emergency Advisory Council comprises the:
(a) lieutenant governor;
(b) attorney general;
(c) president of the Senate;
(d) speaker of the House of Representatives;
(e) heads of the following state agencies:
(i) Public Safety;
(ii) Division of Comprehensive Emergency Management;
(iii) Building Board; and
(iv) Office of Planning and Budget;
(f) executive directors of the following departments:
(i) Transportation;
(ii) Human Services;
(iii) Health;
(iv) Environmental Quality;
(v) Community and Economic Development; and
(vi) Natural Resources;
(g) representative of the National Guard appointed by the governor with the advice and
consent of the Senate;
(h) commissioner of agriculture and food;
(i) state planning coordinator; and
(j) representatives from two statewide, nongovernmental service organizations appointed
by the governor with the advice and consent of the Senate.
(4) The commissioner of Public Safety shall serve as the chair of the council.
(5) (a) (i) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the council at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(b) Legislators on the committee shall receive compensation and expenses as provided by
law and legislative rule.
Section 36. Section 63-5b-102 (Effective 07/01/97) is amended to read:
63-5b-102 (Effective 07/01/97). Definitions.
(1) (a) "Absent" means:
(i) not physically present or not able to be communicated with for 48 hours; or
(ii) for local government officers, as defined by local ordinances.
(b) "Absent" does not include a person who can be communicated with via telephone, radio,
or telecommunications.
(2) "Attack" means a nuclear, conventional, biological, or chemical warfare action against
the United States of America or this state.
(3) "Department" means the Department of Administrative Services, the Department of
Agriculture and Food, the Alcoholic Beverage Control Commission, the Department of Commerce,
the Department of Community and Economic Development, the Department of Corrections, the
Department of Environmental Quality, the Department of Financial Institutions, the Department of
Health, the Department of Human Resource Management, the Department of Workforce Services,
the National Guard, the Department of Insurance, the Department of Natural Resources, the
Department of Public Safety, the Public Service Commission, the Department of Human Services,
the State Tax Commission, the Department of Transportation, any other major administrative
subdivisions of state government, the State Board of Education, the State Board of Regents, the Utah
Housing Finance Agency, the Utah Technology Finance Corporation, the Workers' Compensation
Fund of Utah, the State Retirement Board, and each institution of higher education within the system
of higher education.
(4) "Disaster" means a situation causing, or threatening to cause, widespread damage, social
disruption, or injury or loss of life or property resulting from attack, internal disturbance, natural
phenomenon, or technological hazard.
(5) "Division" means the Comprehensive Emergency Management Division established in
Title 53, Chapter 2, Comprehensive Emergency Management Act.
(6) "Emergency interim successor" means a person designated by this chapter to exercise
the powers and discharge the duties of an office when the person legally exercising the powers and
duties of the office is unavailable.
(7) "Executive director" means the person with ultimate responsibility for managing and
overseeing the operations of each department, however denominated.
(8) "Internal disturbance" means a riot, prison break, disruptive terrorism, or strike.
(9) "Natural phenomenon" means any earthquake, tornado, storm, flood, landslide,
avalanche, forest or range fire, drought, epidemic, or other catastrophic event.
(10) (a) "Office" includes all state and local offices, the powers and duties of which are
defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.
(b) "Office" does not include the office of governor or the legislative or judicial offices.
(11) "Place of governance" means the physical location where the powers of an office are
being exercised.
(12) "Political subdivision" includes counties, cities, towns, townships, districts, authorities,
and other public corporations and entities whether organized and existing under charter or general
law.
(13) "Political subdivision officer" means a person holding an office in a political
subdivision.
(14) "State officer" means the attorney general, the state treasurer, the state auditor, and the
executive director of each department.
(15) "Technological hazard" means any hazardous materials accident, mine accident, train
derailment, air crash, radiation incident, pollution, structural fire, or explosion.
(16) "Unavailable" means:
(a) absent from the place of governance during a disaster that seriously disrupts normal
governmental operations, whether or not that absence or inability would give rise to a vacancy under
existing constitutional or statutory provisions; or
(b) as otherwise defined by local ordinance.
Section 37. Section 63-9a-22 is amended to read:
63-9a-22. State Building Ownership Authority Program -- Obligations for agriculture
and food department office building facility authorized.
(1) The State Building Ownership Authority created under the State Building Ownership
Authority Act, Sections 63-9a-1 through 63-9a-20, is authorized and directed to issue or cause to be
issued as soon as practicable its obligations in an aggregate principal sum of $4,000,000 to pay all
of the cost of constructing an office building facility at approximately 325 North Redwood Road in
Salt Lake City to house the administrative offices and laboratories of the Department of Agriculture
and Food. The facility shall include appropriate parking and support facilities.
(2) The obligations of the authority issued pursuant to Subsection (1) shall clearly state that
they are limited obligations of the authority, that they are to be paid solely from rental and lease
payments received by the authority from the Department of Agriculture and Food or other state
agencies utilizing the facility, and that they shall not constitute, nor give rise to, a general obligation
or liability of, nor a charge against, the authority or general credit or taxing power of this state or any
of its political subdivisions. These obligations may be secured by such mortgages, trust deeds,
indentures, pledge agreements, assignments, or other security instruments as may be required to
encumber the facility in connection with the issuance of those obligations so long as they provide
that no deficiency judgment upon foreclosure may be entered against the authority, this state, or any
of its political subdivisions.
(3) The proceeds from the sale of the obligations of the authority shall be applied solely to
the cost of construction of the facility which shall include:
(a) the actual cost of improving the land;
(b) the actual cost of constructing, reconstructing, enlarging, improving, maintaining,
equipping, or furnishing all or any part of the real estate, including architects' and engineers' fees;
and
(c) all expenses connected with the authorization, sale, and issuance of the obligations
including fees for outside attorneys or accountants whose opinions are required to secure the
issuance of any obligation, fees for financial advice, printing costs, and the interest on those
obligations for a reasonable time prior to, during, and after completion of, construction.
Section 38. Section 63-28a-3 is amended to read:
63-28a-3. Membership -- Terms -- Chair -- Expenses.
(1) Membership of the RDCC shall include the state science advisor and representatives of
the following departments and divisions:
(a) Department of Agriculture and Food;
(b) Department of Community and Economic Development;
(c) Department of Environmental Quality;
(d) Department of Natural Resources;
(e) Department of Transportation;
(f) Division of Business and Economic Development;
(g) Division of Community Development;
(h) Division of State History;
(i) Division of Air Quality;
(j) Division of Drinking Water;
(k) Division of Environmental Response and Remediation;
(l) Division of Radiation;
(m) Division of Solid and Hazardous Waste;
(n) Division of Water Quality;
(o) Division of Oil, Gas, and Mining;
(p) Division of Parks and Recreation;
(q) Division of Forestry, Fire and State Lands;
(r) Utah Geological Survey;
(s) Division of Water Resources;
(t) Division of Water Rights;
(u) Division of Wildlife Resources;
(v) School and Institutional Trust Lands Administration;
(w) Division of Facilities Construction and Management; and
(x) Division of Comprehensive Emergency Management.
(2) (a) Additional members may be added as considered appropriate by a majority vote of
RDCC members with the concurrence of the state planning coordinator.
(b) Terms of additional members shall be four-years each, adjusted to ensure that the terms
are staggered so that approximately half of the additional members are appointed every two years.
(3) A chair shall be selected by a majority vote of RDCC members with the concurrence of
the state planning coordinator.
(4) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the council at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
Section 39. Section 63-55-204 is amended to read:
63-55-204. Repeal dates, Title 4.
(1) The following divisions of the Department of Agriculture and Food, created under the
authority of Section 4-2-4, are repealed on the following dates:
(a) The Division of Agricultural Development and Conservation is repealed July 1, 1997.
(b) Under the Division of Animal Industry:
(i) the Animal Identification Program is repealed July 1, 1997;
(ii) the Animal Health Program is repealed July 1, 1999; and
(iii) the Meat Inspection Program is repealed July 1, 1999.
(c) The Division of Food and Dairy, Weights and Measures, is repealed July 1, 2000.
(d) The Division of Marketing and Promotion is repealed July 1, 2002.
(e) The Division of Plant Industry is repealed July 1, 2000.
(2) The Agricultural Advisory Board, created in Section 4-2-7, is repealed July 1, 2001.
(3) The Dairy Advisory Board, created in Section 4-3-15, is repealed July 1, 2000.
(4) The Bedding, Upholstered Furniture, and Clothing Advisory Committee, created in
Section 4-10-12, is repealed July 1, 2000.
(5) The Pesticide Committee, created in Section 4-14-10, is repealed July 1, 2000.
(6) The Soil Conservation Commission, created in Section 4-18-4, is repealed July 1, 1997.
(7) The Utah Dairy Commission, created in Section 4-22-2, is repealed July 1, 2002.
(8) Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act, is repealed July
1, 2004.
(9) The Livestock Brand Board, created in Section 4-24-4, is repealed July 1, 1997.
(10) The Livestock Market Committee, created in Section 4-30-2, is repealed July 1, 1999.
Section 40. Section 63-85-2 is amended to read:
63-85-2. Maximum amount -- Projects authorized.
(1) The total amount of bonds issued under this chapter may not exceed $85,000,000.
(2) (a) Proceeds from the issuance of bonds shall be provided to the Division of Facilities
Construction and Management and to the Division of Parks and Recreation to provide funds to pay
all or part of the cost of acquiring and constructing the projects listed in this Subsection (2). These
costs may include the cost of acquiring land, interests in land, easements and rights-of-way,
improving sites, and acquiring, constructing, equipping, and furnishing facilities and all structures,
roads, parking facilities, utilities, and improvements necessary, incidental, or convenient to the
facilities, interest estimated to accrue on these bonds during the period to be covered by construction
of the projects plus a period of six months thereafter, and all related engineering, architectural, and
legal fees.
(b) For the Division of Parks and Recreation, $1,000,000 of proceeds shall be provided for
state parks and $700,000 of proceeds shall be provided for Antelope Island State Park and
Causeway.
(c) For the Division of Facilities Construction and Management, proceeds shall be provided
for the following:
CAPITAL FACILITIES CONSTRUCTION
1 Ogden Courts Building Design
$1,000,000
2 Utah State University Library
$10,814,400
3 Department of Agriculture and Food - Animal Diagnostics Laboratory
$2,243,700
4 Uintah Basin Applied Technology Center Multi-Tech Wing
$1,498,500
5 Dixie College Library
$1,597,600
6 Salt Lake Community College Lifetime Activities Center
$5,264,100
7 Weber State University Student Services Building
$2,926,500
8 Utah State University - Utility Improvements
$6,492,800
9 Box Elder County Courts Building
$2,400,000
10 Salt Lake Courts Complex Land Acquisition
$2,450,000
11 Alcoholic Beverage Control Office/Warehouse
$5,163,900
12 San Juan Technical Building
$3,434,200
13 Salt Lake Community College Science/Industry Building - Phase I
$3,000,000
14 Utah Valley Community College Physical Education/Special
$4,000,000
Events Center - Phase I
15 Southeast Utah Armory - Phase I
$100,000
16 Sevier Valley Applied Technology Center Business/Technology
$2,200,000
Building/Convention Center
17 University of Utah Marriott Library - Phase I
$10,000,000
18 Lone Peak Conservation Office
$87,700
19 Weber State University Library
$1,622,800
20 Southern Utah University Library - Phase I
$3,400,000
21 Department of Human Services - State Hospital Food Services
$3,532,400
TOTAL CONSTRUCTION
$73,228,600
CAPITAL IMPROVEMENTS
Alterations, Repairs, and Improvements
$10,000,000
TOTAL CONSTRUCTION AND IMPROVEMENTS
$83,228,600
(3) The amounts listed in Subsection (2) are estimates only and do not constitute a limitation
on the amount that may be expended for any project. The State Building Board or the Board of Parks
and Recreation, as the case may be, may revise these estimates and redistribute the amount estimated
for a project among the projects authorized. The commission by resolution and in consultation with
the State Building Board or the Board of Parks and Recreation, as the case may be, may delete one
or more projects from this list if the inclusion of such project or projects in the list could be
construed to violate state law or federal law or regulation.
(4) The Division of Facilities Construction and Management may enter into agreements
relative to these projects prior to the receipt of proceeds of bonds issued under this chapter.
Expenditures made prior to the receipt of such proceeds shall come from unexpended and
unencumbered building funds already appropriated to the Capital Projects Fund. The division shall
reimburse the Capital Projects Fund upon receipt of the proceeds of bonds issued under this chapter.
The commission may, by resolution, make any statement of intent relating to such reimbursement
as may be necessary or desirable to comply with federal tax law.
(5) For those projects where only partial funding is provided for in Subsection (2), it is the
intent of the Legislature that the balance necessary to complete the projects be addressed by future
legislatures, either through appropriations or through the issuance or sale of bonds. For such projects,
the Division of Facilities Construction and Management may enter into contracts for amounts not
to exceed the anticipated full project funding but may not allow work to be performed on such
contracts in excess of the funding already authorized by the Legislature. Such contracts shall contain
a provision for termination of the contract for the convenience of the state as required by Section
63-56-40. It is also the intent of the Legislature that this authorization to the Division of Facilities
Construction and Management does not bind future legislatures to fund projects initiated from this
authorization.
(6) The Division of Facilities Construction and Management shall fund the following
projects from amounts in project budgets designated for design contingencies:
1 Salt Lake Community College - South Valley Campus Land Acquisition
$1,000,000
2 Antelope Island State Park and Causeway
$300,000.
Section 41. Section 67-19-6.7 (Effective 07/01/97) is amended to read:
67-19-6.7 (Effective 07/01/97). Overtime policies for state employees.
(1) As used in this section:
(a) "Accrued overtime hours" means:
(i) for nonexempt employees, overtime hours earned during a fiscal year that, at the end of
the fiscal year, have not been paid and have not been taken as time off by the nonexempt state
employee who accrued them; and
(ii) for exempt employees, overtime hours earned during an overtime year.
(b) "Agreement" means the agreement authorized by the FLSA by which a nonexempt
employee elects the form of compensation he will receive for overtime.
(c) "Appointed official" means:
(i) each department executive director and deputy director, each division director, and each
member of a board or commission; and
(ii) any other person employed by a department who is appointed by, or whose appointment
is required by law to be approved by, the governor and who:
(A) is paid a salary by the state of Utah; and
(B) who exercises managerial, policy-making, or advisory responsibility.
(d) "Department" means the Department of Administrative Services, the Department of
Corrections, the Department of Financial Institutions, the Department of Alcoholic Beverage
Control, the Insurance Department, the Public Service Commission, the Department of Agriculture
and Food, the Department of Human Services, the State Board of Education, the Department of
Natural Resources, the Department of Transportation, the Department of Commerce, the Department
of Workforce Services, the State Tax Commission, the Department of Community and Economic
Development, the Department of Health, the National Guard, the Department of Environmental
Quality, the Department of Public Safety, the Department of Human Resource Management, the
Commission on Criminal and Juvenile Justice, all merit employees except attorneys in the Office
of the Attorney General, merit employees in the Office of the State Treasurer, and merit employees
in the Office of the State Auditor.
(e) "Elected official" means any person who is an employee of the state of Utah because he
was elected by the registered voters of Utah to a position in state government.
(f) "Exempt employee" means a state employee who is exempt as defined by the FLSA.
(g) "FLSA" means the Fair Labor Standards Act, 29 U.S.C. Section 201 et seq. (1978).
(h) "Human Resource Management" means the Department of Human Resource
Management.
(i) "Nonexempt employee" means a state employee who is nonexempt as defined by Human
Resource Management applying FLSA requirements.
(j) "Overtime" means actual time worked in excess of the employee's defined work period.
(k) "Overtime year" means the year determined by a department under Subsection (4)(b) at
the end of which an exempt employee's accrued overtime lapses.
(l) (i) "State employee" means every person employed by a department who is not an
appointed official or an elected official.
(ii) "State employee" does not mean:
(A) certificated employees of the State Board of Education; and
(B) employees of the Department of Community and Economic Development whose
positions are designated as schedule AM exempt employees under Section 67-19-15.
(m) "Uniform annual date" means the date when an exempt employee's accrued overtime
lapses.
(n) "Work period" means:
(i) for all nonexempt employees, except law enforcement and hospital employees, a
consecutive seven day 24 hour work period of 40 hours;
(ii) for all exempt employees, a 14 day, 80 hour payroll cycle; and
(iii) for nonexempt law enforcement and hospital employees, the period established by each
department by rule for those employees according to the requirements of the FLSA.
(2) Each department shall compensate each state employee who works overtime by
complying with the requirements of this section.
(3) (a) Each department shall negotiate and obtain a signed agreement from each nonexempt
employee.
(b) In the agreement, the nonexempt employee shall elect either to be compensated for
overtime by:
(i) taking time off work at the rate of one and one-half hour off for each overtime hour
worked; or
(ii) being paid for the overtime worked at the rate of one and one-half times the rate per hour
that the state employee receives for nonovertime work.
(c) Any nonexempt employee who elects to take time off under this subsection shall be paid
for any overtime worked in excess of the cap established by Human Resource Management.
(d) Before working any overtime, each nonexempt employee shall obtain authorization to
work overtime from the employee's immediate supervisor.
(e) Each department shall:
(i) for employees who elect to be compensated with time off for overtime, allow overtime
earned during a fiscal year to be accumulated; and
(ii) for employees who elect to be paid for overtime worked, pay them for overtime worked
in the paycheck for the pay period in which the employee worked the overtime.
(f) If the department pays a nonexempt employee for overtime, the department shall charge
that payment to the department's budget.
(g) At the end of each fiscal year, the Division of Finance shall total all the accrued overtime
hours for nonexempt employees and charge that total against the appropriate fund or subfund.
(4) (a) (i) Except as provided in Subsection (4)(a)(ii), each department shall compensate
exempt employees who work overtime by granting them time off at the rate of one hour off for each
hour of overtime worked.
(ii) The director of Human Resource Management may grant limited exceptions to this
requirement, where work circumstances dictate, by authorizing a department to pay employees for
overtime worked at the rate per hour that the employee receives for nonovertime work, if the
department has funds available.
(b) (i) Each department shall:
(A) establish in its written personnel policies a uniform annual date for each division that
is at the end of any pay period; and
(B) communicate the uniform annual date to its employees.
(ii) If any department fails to establish a uniform annual date as required by this subsection,
the director of Human Resource Management, in conjunction with the director of the Division of
Finance, shall establish the date for that department.
(c) (i) Any overtime earned under this Subsection (4) is not an entitlement, is not a benefit,
and is not a vested right.
(ii) A court may not construe the overtime for exempt employees authorized by this
Subsection (4) as an entitlement, a benefit, or as a vested right.
(d) At the end of the overtime year, upon transfer to another department at any time, and
upon termination, retirement, or other situations where the employee will not return to work before
the end of the overtime year:
(i) any of an exempt employee's overtime that is more than the maximum established by
Human Resource Management rule lapses; and
(ii) unless authorized by the director of Human Resource Management under Subsection
(4)(a)(ii), a department may not compensate the exempt employee for that lapsed overtime by paying
the employee for the overtime or by granting the employee time off for the lapsed overtime.
(e) Before working any overtime, each exempt employee shall obtain authorization to work
overtime from their immediate supervisor.
(f) If the department pays an exempt employee for overtime under authorization from the
director of the Department of Human Resource Management, the department shall charge that
payment to the department's budget in the pay period earned.
(5) Human Resource Management shall:
(a) ensure that the provisions of the FLSA and this section are implemented throughout state
government;
(b) determine, for each state employee, whether that employee is exempt, nonexempt, law
enforcement, or has some other status under the FLSA;
(c) in coordination with modifications to the systems operated by the Division of Finance,
make rules:
(i) establishing procedures for recording overtime worked that comply with FLSA
requirements;
(ii) establishing requirements governing overtime worked while traveling and procedures
for recording that overtime that comply with FLSA requirements;
(iii) establishing requirements governing overtime worked if the employee is "on call" and
procedures for recording that overtime that comply with FLSA requirements;
(iv) establishing requirements governing overtime worked while an employee is being
trained and procedures for recording that overtime that comply with FLSA requirements;
(v) subject to the FLSA, establishing the maximum number of hours that a nonexempt
employee may accrue before a department is required to pay the employee for the overtime worked;
(vi) subject to the FLSA, establishing the maximum number of overtime hours for an exempt
employee that do not lapse; and
(vii) establishing procedures for adjudicating appeals of any FLSA determinations made by
Human Resource Management as required by this section;
(d) monitor departments for compliance with the FLSA; and
(e) recommend to the Legislature and the governor any statutory changes necessary because
of federal government action.
(6) In coordination with the procedures for recording overtime worked established in rule
by Human Resource Management, the Division of Finance shall modify its payroll and personnel
systems to accommodate those procedures.
(a) Notwithstanding the procedures and requirements of Title 63, Chapter 46b,
Administrative Procedures Act, Section 67-19-31, and Section 67-19a-301, any employee who is
aggrieved by the FLSA designation made by Human Resource Management as required by this
section may appeal that determination to the executive director of Human Resource Management
by following the procedures and requirements established in Human Resource Management rule.
(b) Upon receipt of an appeal under this section, the director shall notify the executive
director of the employee's department that the appeal has been filed.
(c) If the employee is aggrieved by the decision of the executive director of Human Resource
Management, he shall appeal that determination to the Department of Labor, Wage and Hour
Division, according to the procedures and requirements of federal law.
Section 42. Section 67-19c-101 (Effective 07/01/97) is amended to read:
67-19c-101 (Effective 07/01/97). Department award program.
(1) As used in this section:
(a) "Department" means the Department of Administrative Services, the Department of
Agriculture and Food, the Department of Alcoholic Beverage Control, the Department of Commerce,
the Department of Community and Economic Development, the Department of Corrections, the
Department of Workforce Services, the Department of Environmental Quality, the Department of
Financial Institutions, the Department of Health, the Department of Human Resource Management,
the Department of Human Services, the Insurance Department, the National Guard, the Department
of Natural Resources, the Department of Public Safety, the Public Service Commission, the State
Board of Education, the State Board of Regents, the State Tax Commission, and the Department of
Transportation.
(b) "Department head" means the individual or body of individuals in whom the ultimate
legal authority of the department is vested by law.
(2) There is created a department awards program to award an outstanding employee in each
department of state government.
(3) (a) By April 1 of each year, each department head shall solicit nominations for
outstanding employee of the year for his department from the employees in his department.
(b) By July 1 of each year, the department head shall:
(i) select a person from the department to receive the outstanding employee of the year
award using the criteria established in Subsection (c); and
(ii) announce the recipient of the award to his employees.
(c) Department heads shall make the award to a person who demonstrates:
(i) extraordinary competence in performing his function;
(ii) creativity in identifying problems and devising workable, cost-effective solutions to
them;
(iii) excellent relationships with the public and other employees;
(iv) a commitment to serving the public as the client; and
(v) a commitment to economy and efficiency in government.
(4) (a) The Department of Human Resource Management shall divide any appropriation for
outstanding department employee awards that it receives from the Legislature equally among the
departments.
(b) If the department receives monies from the Department of Human Resource Management
or if the department budget allows, the department head shall provide the employee with a bonus,
a plaque, or some other suitable acknowledgement of the award.
(5) (a) The department head may name the award after an exemplary present or former
employee of the department.
(b) A department head may not name the award for himself or for any relative as defined in
Section 52-3-1.
(c) Any awards or award programs existing in any department as of May 3, 1993, shall be
modified to conform to the requirements of this section.
Section 43. Section 67-22-2 (Effective 07/01/97) is amended to read:
67-22-2 (Effective 07/01/97). Compensation -- Other state officers.
(1) The governor shall establish salaries for the following state officers within the following
salary ranges fixed by the Legislature:
State Officer Salary Range
Member, Workforce Appeals Board $49,200 - $66,600
Director, Health Policy Commission $51,100 - $69,200
Commissioner of Agriculture and Food $54,700 - $74,100
Commissioner of Insurance $54,700 - $74,100
Director, Alcoholic Beverage Control
Commission $54,700 - $74,100
Commissioners, Department of Financial
Institutions $54,700 - $74,100
Members, Board of Pardons and Parole $54,700 - $74,100
Executive Director, Department
of Commerce $54,700 - $74,100
Executive Director, Commission on
Criminal and Juvenile Justice $54,700 - $74,100
Adjutant General $54,700 - $74,100
Chair, Tax Commission $59,200 - $80,000
Commissioners, Tax Commission $59,200 - $80,000
Executive Director, Department of
Community and Economic
Development $59,200 - $80,000
Executive Director, Tax Commission $59,200 - $80,000
Chair, Public Service Commission $59,200 - $80,000
Commissioner, Public Service Commission $59,200 - $80,000
Executive Director, Department
of Corrections $64,500 - $87,100
Commissioner, Department of Public Safety $64,500 - $87,100
Executive Director, Department of
Natural Resources $64,500 - $87,100
Director, Office of Planning
and Budget $64,500 - $87,100
Executive Director, Department of
Administrative Services $64,500 - $87,100
Executive Director, Department of
Human Resource Management $64,500 - $87,100
Executive Director, Department of
Environmental Quality $64,500 - $87,100
Executive Director, Department of $67,500 - $91,200
Workforce Services
Executive Director, Department of
Health $70,100 - $94,800
Executive Director, Department
of Human Services $70,100 - $94,800
Executive Director, Department
of Transportation $70,100 - $94,800
(2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
follows:
(i) the option of participating in a state retirement system established by Title 49 or in a
deferred compensation plan administered by the State Retirement Office in accordance with the
Internal Revenue Code and its accompanying rules and regulations;
(ii) health insurance;
(iii) dental insurance;
(iv) basic life insurance;
(v) unemployment compensation;
(vi) workers' compensation;
(vii) required employer contribution to Social Security;
(viii) long-term disability insurance;
(ix) the same additional state-paid life insurance available to other noncareer service
employees;
(x) the same severance pay available to other noncareer service employees;
(xi) the same sick leave, converted sick leave, educational allowances, and holidays granted
to Schedule B state employees, and the same annual leave granted to Schedule B state employees
with more than ten years of state service;
(xii) the option to convert accumulated sick leave to cash or insurance benefits as provided
by law or rule upon resignation or retirement according to the same criteria and procedures applied
to Schedule B state employees;
(xiii) the option to purchase additional life insurance at group insurance rates according to
the same criteria and procedures applied to Schedule B state employees; and
(xiv) professional memberships if being a member of the professional organization is a
requirement of the position.
(b) Each department shall pay the cost of additional state-paid life insurance for its executive
director from its existing budget.
(3) The Legislature fixes the following additional benefits:
(a) for the executive director of the State Tax Commission a vehicle for official and personal
use;
(b) for the executive director of the Department of Transportation a vehicle for commute and
official use;
(c) for the executive director of the Department of Natural Resources a vehicle for commute
and official use;
(d) for the Commissioner of Public Safety:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(e) for the executive director of the Department of Corrections:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(f) for the Adjutant General a vehicle for official and personal use; and
(g) for each member of the Board of Pardons and Parole a vehicle for commute and official
use.
(4) (a) The governor has the discretion to establish a specific salary for each office listed in
Subsection (1), and, within that discretion, may provide salary increases within the range fixed by
the Legislature.
(b) The governor shall apply the same overtime regulations applicable to other FLSA exempt
positions.
(c) The governor may develop standards and criteria for reviewing the performance of the
state officers listed in Subsection (1).
(5) Salaries for other Schedule A employees, as defined in Section 67-19-15, which are not
provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary Act, shall
be established as provided in Section 67-19-15.
Section 44. Section 73-10g-2 is amended to read:
73-10g-2. General obligation bonds -- Authorization for issuance and sale.
The commission created under Section 63-56a-1 may issue and sell general obligation bonds
of the state, pledging the full faith, credit, and resources of the state for the payment of the principal
of and interest on the bonds, to provide funds to the Board of Water Resources, to be distributed by
it, with administrative assistance by the Division of Water Resources and the Department of
Agriculture and Food, to the Department of Environmental Quality, acting through the Drinking
Water Board, and to the Department of Environmental Quality, acting through the Water Quality
Board. The total amount of bonds issued under this chapter may not exceed $14,500,000.
Section 45. Section 73-10h-2 is amended to read:
73-10h-2. General obligation bonds -- Authorization for issuance and sale.
The commission created under Section 63-56a-1 may issue and sell general obligation bonds
of the state, pledging the full faith, credit, and resources of the state for the payment of the principal
of and interest on the bonds, to provide funds to the Board of Water Resources, to be distributed by
it, with administrative assistance by the Division of Water Resources and the Department of
Agriculture and Food, to the Department of Environmental Quality, acting through the Drinking
Water Board, and to the Department of Environmental Quality, acting through the Water Quality
Board. The total amount of bonds issued under this chapter may not exceed $5,500,000.
Section 46. Effective date.
This act takes effect on July 1, 1997.
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