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S.B. 35

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DEPARTMENT OF AGRICULTURE AND FOOD

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- NAME CHANGE

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Leonard M. Blackham

6    AN ACT RELATING TO AGRICULTURE; CHANGING THE NAME OF THE
7    DEPARTMENT OF AGRICULTURE TO THE DEPARTMENT OF AGRICULTURE AND
8    FOOD; CHANGING THE TITLE OF COMMISSIONER OF AGRICULTURE TO
9    COMMISSIONER OF AGRICULTURE AND FOOD; MAKING TECHNICAL
10    AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE.
11    This act affects sections of Utah Code Annotated 1953 as follows:
12    AMENDS:
13         3-1-41, as last amended by Chapter 66, Laws of Utah 1984
14         4-1-3.5, as enacted by Chapter 161, Laws of Utah 1987
15         4-1-4, as last amended by Chapter 38, Laws of Utah 1993
16         4-1-8, as last amended by Chapter 20, Laws of Utah 1995
17         4-2-1, as enacted by Chapter 2, Laws of Utah 1979
18         4-14-10, as last amended by Chapters 194 and 243, Laws of Utah 1996
19         4-17-2, as last amended by Chapter 227, Laws of Utah 1993
20         4-17-3.5, as last amended by Chapter 243, Laws of Utah 1996
21         4-18-4, as last amended by Chapter 243, Laws of Utah 1996
22         4-19-1, as enacted by Chapter 2, Laws of Utah 1979
23         4-22-2, as last amended by Chapter 243, Laws of Utah 1996
24         4-23-7.5, as last amended by Chapter 98, Laws of Utah 1994
25         4-23-11, as enacted by Chapter 40, Laws of Utah 1990
26         4-35-2, as enacted by Chapter 133, Laws of Utah 1985
27         4-35-6, as last amended by Chapter 15, Laws of Utah 1986


1         4-36-3, as enacted by Chapter 191, Laws of Utah 1985
2         4-36-4, as enacted by Chapter 191, Laws of Utah 1985
3         4-37-107, as last amended by Chapter 243, Laws of Utah 1996
4         4-37-503, as last amended by Chapter 243, Laws of Utah 1996
5         4-38-3, as last amended by Chapter 64, Laws of Utah 1993
6         9-2-504, as last amended by Chapter 243, Laws of Utah 1996
7         17-41-304, as last amended by Chapter 222, Laws of Utah 1996
8         17-41-406, as enacted by Chapter 58, Laws of Utah 1994
9         17A-3-800, as enacted by Chapter 244, Laws of Utah 1993
10         19-1-107, as last amended by Chapter 243, Laws of Utah 1996
11         23-15-13, as enacted by Chapter 153, Laws of Utah 1994
12         23-24-1, as enacted by Chapter 290, Laws of Utah 1990
13         42-3-1, Utah Code Annotated 1953
14         42-3-2, as last amended by Chapter 313, Laws of Utah 1994
15         42-3-4, as last amended by Chapter 313, Laws of Utah 1994
16         53-7-222, as renumbered and amended by Chapter 234, Laws of Utah 1993
17         58-20a-301, as enacted by Chapter 95, Laws of Utah 1995
18         58-20a-305, as enacted by Chapter 95, Laws of Utah 1995
19         59-2-514, as renumbered and amended by Chapter 4, Laws of Utah 1987
20         63-5-4, as last amended by Chapter 243, Laws of Utah 1996
21         63-5b-102 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
22         63-9a-22, as last amended by Chapter 76, Laws of Utah 1980
23         63-28a-3, as last amended by Chapters 159 and 243, Laws of Utah 1996
24         63-55-204, as last amended by Chapter 24, Laws of Utah 1995
25         63-85-2, as enacted by Chapter 304, Laws of Utah 1992
26         67-19-6.7 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
27         67-19c-101 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
28         67-22-2 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
29         73-10g-2, as enacted by Chapter 4, Laws of Utah 1991, First Special Session
30         73-10h-2, as enacted by Chapter 304, Laws of Utah 1992
31    Be it enacted by the Legislature of the state of Utah:

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1        Section 1. Section 3-1-41 is amended to read:
2         3-1-41. Domestic or foreign corporations or associations -- Plan of merger -- Articles
3     of merger -- Certificate of merger.
4        (1) A Utah cooperative association owning 90% of the outstanding shares of each class of
5    a foreign or domestic corporation or association may merge such other corporation or association
6    into itself without the approval of the shareholders or members of either corporation or association.
7    The governing board shall, by resolution, approve a plan of merger setting forth:
8        (a) the name of the subsidiary corporation or association and the name of the corporation
9    or association owning 90% or more of its shares, which is hereafter designated as the surviving
10    corporation or association; and
11        (b) the manner and basis for converting each class of shares of the subsidiary corporation
12    or association into shares, obligations, or other securities of the surviving corporation or
13    association, or of any other corporation or association, in whole or in part, into cash or other
14    property.
15        A copy of the plan of merger shall be mailed to each record member or shareholder of the
16    subsidiary corporation or association.
17        (2) Articles of merger shall be executed in triplicate by the president or vice president and
18    the secretary or an assistant secretary of the surviving corporation or association and verified by
19    one of its officers.
20        The articles of merger shall set forth:
21        (a) the plan of merger;
22        (b) the number of outstanding shares of each class of the subsidiary corporation or
23    association and the number of such shares of each class owned by the surviving corporation or
24    association; and
25        (c) the date a copy of the plan of merger was mailed to shareholders or members of the
26    subsidiary corporation or association.
27        (3) Triplicate originals of the articles of merger shall be delivered to the Division of
28    Corporations and Commercial Code on the 30th day after mailing a copy of the plan to
29    shareholders or members. If that division finds such articles conform to law and that all fees
30    prescribed by this act have been paid, it shall:
31        (a) endorse on each of said triplicate originals the word "filed," together with the month,

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1    date, and year of filing;
2        (b) file one of the triplicate originals with the Division of Corporations and Commercial
3    Code and forward another triplicate original to the state Department of Agriculture and Food; and
4        (c) issue a certificate of merger with the remaining triplicate original affixed.
5        The certificate of merger, together with a triplicate original of the articles of merger affixed
6    by the Division of Corporations and Commercial Code, shall be returned to the surviving
7    corporation or association or its representative.
8        (4) The merger of a foreign corporation or association into a Utah cooperative association
9    shall conform to the laws of the state under which each such foreign corporation or association is
10    organized.
11        Section 2. Section 4-1-3.5 is amended to read:
12         4-1-3.5. Procedures -- Adjudicative proceedings.
13        The Department of Agriculture and Food and its divisions shall comply with the procedures
14    and requirements of Title 63, Chapter 46b, Administrative Procedures Act, in their adjudicative
15    proceedings.
16        Section 3. Section 4-1-4 is amended to read:
17         4-1-4. Code enforcement -- Inspection authorized -- Condemnation or seizure --
18     Injunctive relief -- Costs awarded -- County or district attorney to represent state -- Criminal
19     actions -- Witness fee.
20        (1) For the purpose of enforcing any provision of this code, the Department of Agriculture
21    and Food may enter, at reasonable times, for the purpose of inspection, any public or private
22    premises where agricultural products are located and may obtain samples of products at no charge
23    to the department, unless otherwise specified within a particular chapter in this code.
24        (2) The department may proceed immediately, if admittance is refused, to obtain an ex
25    parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for
26    the purpose of making inspections and obtaining samples.
27        (3) The department is authorized in any court of competent jurisdiction to seek an order
28    of seizure or condemnation of any agricultural product which violates any chapter contained within
29    this code or, upon proper grounds, to obtain a temporary restraining order or temporary or
30    permanent injunction to prevent violation of any such chapter. No bond shall be required of the
31    department in any injunctive proceeding brought under this section.

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1        (4) If condemnation is ordered, the agricultural product shall be disposed of as the court
2    directs; provided, that in no event shall it order condemnation without giving the claimant of the
3    agricultural product an opportunity to apply to the court for permission to bring the product into
4    conformance or for permission to remove it from the state.
5        (5) If the court orders condemnation, court costs, fees, storage, and other costs shall be
6    awarded against the claimant.
7        (6) Unless otherwise specifically provided within the particular chapter governing the
8    product sought to be seized or condemned or the conduct sought to be enjoined, the county
9    attorney of the county in which the product is located or the act committed shall represent the
10    department in any action commenced under authority of this section.
11        (7) In any criminal action brought by the department for violation of any provision
12    contained within a chapter in this code, the county attorney or district attorney in the county in
13    which the alleged criminal activity occurred shall represent the state; provided, that before any
14    criminal action is commenced by the department, it shall first give written notice of its intent to
15    file criminal charges to the person it intends to charge and afford such person an opportunity to
16    present, personally or through counsel, such person's views with respect to the contemplated
17    action.
18        (8) Any witness subpoenaed by the department for whatever purpose, is entitled to a
19    witness fee for each day of required attendance at proceedings initiated by the department and to
20    mileage in accordance with the fees and mileage allowed witnesses appearing in the district courts
21    of this state.
22        Section 4. Section 4-1-8 is amended to read:
23         4-1-8. General definitions.
24        Subject to additional definitions contained in the chapters of this title which are applicable
25    to specific chapters, as used in this title:
26        (1) "Agriculture" means the science and art of the production of plants and animals useful
27    to man including the preparation of plants and animals for human use and disposal by marketing
28    or otherwise.
29        (2) "Agricultural product" or "product of agriculture" means any product which is derived
30    from agriculture, including any product derived from aquaculture as defined in Section 4-37-103.
31        (3) "Commissioner" means the commissioner of [the Department of Agriculture]

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1    agriculture and food.
2        (4) "Department" means the Department of Agriculture and Food created under Title 4,
3    Chapter 2.
4        (5) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, or any other
5    domestic animal or domestic furbearer raised or kept for profit.
6        (6) "Organization" means a corporation, government or governmental subdivision or
7    agency, business trust, estate, trust, partnership, association, two or more persons having a joint
8    or common interest, or any other legal entity.
9        (7) "Person" means a natural person or individual, corporation, organization, or other legal
10    entity.
11        Section 5. Section 4-2-1 is amended to read:
12         4-2-1. Department created.
13        There is hereby created within state government the Department of Agriculture and Food
14    which is responsible in this state for the administration and enforcement of all laws, services,
15    functions, and consumer programs related to agriculture as assigned to the department by the
16    Legislature.
17        Section 6. Section 4-14-10 is amended to read:
18         4-14-10. Pesticide Committee created -- Composition -- Terms -- Compensation --
19     Duties.
20        (1) There is created a Pesticide Committee comprising nine persons appointed by the
21    governor to four-year terms of office, one member from each of the following state agencies and
22    organizations:
23        (a) Utah State Agricultural Extension Service;
24        (b) Department of Agriculture and Food;
25        (c) Department of Health;
26        (d) Division of Wildlife Resources;
27        (e) Department of Environmental Quality;
28        (f) Utah Pest Control Association;
29        (g) agricultural chemical industry;
30        (h) Utah Farmers Union; and
31        (i) Utah Farm Bureau Federation.

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1        (2) Notwithstanding the requirements of Subsection (1), the governor shall, at the time of
2    appointment or reappointment, adjust the length of terms to ensure that the terms of committee
3    members are staggered so that approximately half of the committee is appointed every two years.
4        (3) When a vacancy occurs in the membership for any reason, the replacement shall be
5    appointed for the unexpired term.
6        (4) The committee shall elect one of its members to serve as chair. The chair is responsible
7    for the call and conduct of meetings of the Pesticide Committee.
8        (5) Attendance of a simple majority of the members constitutes a quorum for the
9    transaction of official business.
10        (6) (a) (i) Members who are not government employees shall receive no compensation or
11    benefits for their services, but may receive per diem and expenses incurred in the performance of
12    the member's official duties at the rates established by the Division of Finance under Sections
13    63A-3-106 and 63A-3-107.
14        (ii) Members may decline to receive per diem and expenses for their service.
15        (b) (i) State government officer and employee members who do not receive salary, per
16    diem, or expenses from their agency for their service may receive per diem and expenses incurred
17    in the performance of their official duties from the committee at the rates established by the
18    Division of Finance under Sections 63A-3-106 and 63A-3-107.
19        (ii) State government officer and employee members may decline to receive per diem and
20    expenses for their service.
21        (c) (i) Higher education members who do not receive salary, per diem, or expenses from
22    the entity that they represent for their service may receive per diem and expenses incurred in the
23    performance of their official duties from the committee at the rates established by the Division of
24    Finance under Sections 63A-3-106 and 63A-3-107.
25        (ii) Higher education members may decline to receive per diem and expenses for their
26    service.
27        (7) The Pesticide Committee shall make recommendations to the commissioner regarding
28    making rules pertaining to the sale, distribution, use, and disposal of pesticides.
29        Section 7. Section 4-17-2 is amended to read:
30         4-17-2. Definitions.
31        As used in this chapter:

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1        (1) "Commission" means the county legislative body of the counties of this state[;].
2        (2) "Commissioner" means the commissioner of agriculture and food or the
3    commissioner's representative[;].
4        (3) "County noxious weed" means any plant which is not on the state noxious weed list,
5    is especially troublesome in a particular county, and is declared by the county legislative body to
6    be a noxious weed within its county[;].
7        (4) "Noxious weed" means any plant the commissioner determines to be especially
8    injurious to public health, crops, livestock, land, or other property.
9        Section 8. Section 4-17-3.5 is amended to read:
10         4-17-3.5. Creation of State Weed Committee -- Membership -- Powers and duties --
11     Expenses.
12        (1) There is created a State Weed Committee composed of five members, one member
13    representing each of the following:
14        (a) the [Utah] Department of Agriculture and Food;
15        (b) the Utah State University Agricultural Experiment Station;
16        (c) the Utah State University Extension Service;
17        (d) the Utah Association of Counties; and
18        (e) private agricultural industry.
19        (2) The commissioner shall select the members of the committee from those nominated
20    by each of the respective groups or agencies following approval by the Agricultural Advisory
21    Board.
22        (3) (a) Except as required by Subsection (b), as terms of current committee members
23    expire, the commissioner shall appoint each new member or reappointed member to a four-year
24    term.
25        (b) Notwithstanding the requirements of Subsection (a), the commissioner shall, at the
26    time of appointment or reappointment, adjust the length of terms to ensure that the terms of
27    committee members are staggered so that approximately half of the committee is appointed every
28    two years.
29        (4) (a) Members may be removed by the commissioner for cause.
30        (b) When a vacancy occurs in the membership for any reason, the replacement shall be
31    appointed for the unexpired term.

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1        (5) The State Weed Committee shall:
2        (a) confer and advise on matters pertaining to the planning, implementation, and
3    administration of the state noxious weed program;
4        (b) recommend names for membership on the committee; and
5        (c) serve as members of the executive committee of the Utah Weed Control Association.
6        (6) (a) (i) Members who are not government employees shall receive no compensation or
7    benefits for their services, but may receive per diem and expenses incurred in the performance of
8    the member's official duties at the rates established by the Division of Finance under Sections
9    63A-3-106 and 63A-3-107.
10        (ii) Members may decline to receive per diem and expenses for their service.
11        (b) (i) State government officer and employee members who do not receive salary, per
12    diem, or expenses from their agency for their service may receive per diem and expenses incurred
13    in the performance of their official duties from the committee at the rates established by the
14    Division of Finance under Sections 63A-3-106 and 63A-3-107.
15        (ii) State government officer and employee members may decline to receive per diem and
16    expenses for their service.
17        (c) (i) Higher education members who do not receive salary, per diem, or expenses from
18    the entity that they represent for their service may receive per diem and expenses incurred in the
19    performance of their official duties from the committee at the rates established by the Division of
20    Finance under Sections 63A-3-106 and 63A-3-107.
21        (ii) Higher education members may decline to receive per diem and expenses for their
22    service.
23        (d) (i) Local government members who do not receive salary, per diem, or expenses from
24    the entity that they represent for their service may receive per diem and expenses incurred in the
25    performance of their official duties at the rates established by the Division of Finance under
26    Sections 63A-3-106 and 63A-3-107.
27        (ii) Local government members may decline to receive per diem and expenses for their
28    service.
29        Section 9. Section 4-18-4 is amended to read:
30         4-18-4. Soil Conservation Commission created -- Composition -- Appointment --
31     Terms -- Compensation -- Attorney general to provide legal assistance.

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1        (1) There is established, to serve as an agency of the state and functioning within the
2    Department of Agriculture and Food the Soil Conservation Commission to perform the functions
3    specified in this chapter.
4        (2) The Soil Conservation Commission shall be comprised of 12 members as follows:
5        (a) the director of the Extension Service at Utah State University, or his designee;
6        (b) the president of the Association of Soil Conservation Districts, or his designee;
7        (c) the commissioner, or his designee;
8        (d) the executive director of the Department of Natural Resources, or his designee;
9        (e) the executive director of the Department of Environmental Quality, or his designee;
10    and
11        (f) seven district supervisors who provide district representation on the commission on a
12    multicounty basis.
13        (3) If a district supervisor is unable to attend a meeting, an alternate may serve in his place.
14        (4) The members of the commission specified in Subsection (2)(f) shall:
15        (a) be recommended by the commission to the governor; and
16        (b) be appointed by the governor with the advice and consent of the Senate.
17        (5) (a) Except as required by Subsection (b), as terms of current commission members
18    expire, the governor shall appoint each new member or reappointed member to a four-year term.
19        (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
20    appointment or reappointment, adjust the length of terms to ensure that the terms of commission
21    members are staggered so that approximately half of the commission is appointed every two years.
22        (6) When a vacancy occurs in the membership for any reason, the replacement shall be
23    appointed for the unexpired term.
24        (7) The commissioner is chair of the commission.
25        (8) Attendance of a majority of the commission members at a meeting constitutes a
26    quorum.
27        (9) (a) (i) Members who are not government employees shall receive no compensation or
28    benefits for their services, but may receive per diem and expenses incurred in the performance of
29    the member's official duties at the rates established by the Division of Finance under Sections
30    63A-3-106 and 63A-3-107.
31        (ii) Members may decline to receive per diem and expenses for their service.

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1        (b) (i) State government officer and employee members who do not receive salary, per
2    diem, or expenses from their agency for their service may receive per diem and expenses incurred
3    in the performance of their official duties from the commission at the rates established by the
4    Division of Finance under Sections 63A-3-106 and 63A-3-107.
5        (ii) State government officer and employee members may decline to receive per diem and
6    expenses for their service.
7        (c) (i) Higher education members who do not receive salary, per diem, or expenses from
8    the entity that they represent for their service may receive per diem and expenses incurred in the
9    performance of their official duties from the committee at the rates established by the Division of
10    Finance under Sections 63A-3-106 and 63A-3-107.
11        (ii) Higher education members may decline to receive per diem and expenses for their
12    service.
13        (d) (i) Local government members who do not receive salary, per diem, or expenses from
14    the entity that they represent for their service may receive per diem and expenses incurred in the
15    performance of their official duties at the rates established by the Division of Finance under
16    Sections 63A-3-106 and 63A-3-107.
17        (ii) Local government members may decline to receive per diem and expenses for their
18    service.
19        (10) The commission shall keep a record of its actions.
20        (11) The attorney general shall provide legal services to the commission upon request.
21        Section 10. Section 4-19-1 is amended to read:
22         4-19-1. Department responsible for conduct and administration of rural
23     rehabilitation program.
24        The department through its Agricultural Development Division is responsible for the
25    conduct and administration of the rural rehabilitation program within the state in accordance with
26    that certain use agreement entered into January 1975, between the United States of America
27    through its Farm Home Administration and the state of Utah through its commissioner of
28    agriculture and food.
29        Section 11. Section 4-22-2 is amended to read:
30         4-22-2. Utah Dairy Commission created -- Composition -- Elected members -- Terms
31     of elected members -- Qualifications for election.

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1        (1) There is created an independent state agency known as the Utah Dairy Commission.
2        (2) The Utah Dairy Commission consists of 14 members as follows:
3        (a) the commissioner of [the Department of Agriculture] agriculture and food, or his
4    representative;
5        (b) the dean of the College of Agriculture at Utah State University, or his representative;
6        (c) the president of the Utah Dairy Wives Association;
7        (d) a member from District 1, northern Cache County, which member shall have a
8    Cornish, Lewiston, Richmond/Cove, or Trenton mailing address;
9        (e) a member from District 2, central Cache County and Rich County, which member shall
10    have a Newton, Clarkston, Amalga, Smithfield, Benson, Hyde Park, Mendon, or Petersboro
11    mailing address;
12        (f) a member from District 3, southern Cache County, which member shall have a Logan,
13    Providence, Nibley, Hyrum, Paradise, Wellsville, College Ward, Young Ward, or Millville mailing
14    address;
15        (g) a member from District 4, Box Elder County;
16        (h) a member from District 5, Weber and Morgan Counties;
17        (i) a member from District 6, Salt Lake, Davis, and Tooele Counties;
18        (j) a member from District 7, Utah County;
19        (k) a member from District 8, Wasatch, Summit, Duchesne, Uintah, and Daggett Counties;
20        (l) a member from District 9, Millard, Beaver, Iron, and Washington Counties;
21        (m) a member from District 10, Sanpete, Carbon, Emery, Grand, Juab, and San Juan
22    Counties; and
23        (n) a member from District 11, Piute, Wayne, Kane, Garfield, and Sevier Counties.
24        (3) The ex officio members listed in Subsections (2)(a) and (b) shall serve without a vote.
25        (4) (a) The members listed in Subsections (2)(d) through (n):
26        (i) shall be elected to four-year terms of office as provided in Section 4-22-6; and
27        (ii) may serve no more than three terms.
28        (b) The limitation on the number of terms served as provided in Subsection (a) shall apply
29    to any person who has served or will serve on the commission before, on, or after May 2, 1994,
30    the effective date of this act.
31        (5) Members shall enter office on July 1 of the year in which they are elected.

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1        (6) The commission, by two-thirds vote, may periodically alter the boundaries comprising
2    the districts established in this section to maintain equitable representation of active milk producers
3    on the commission.
4        (7) Each member shall be:
5        (a) a citizen of the United States;
6        (b) 26 years of age or older;
7        (c) an active milk producer with five consecutive years experience in milk production
8    within this state immediately preceding election; and
9        (d) a resident of Utah and the district represented.
10        Section 12. Section 4-23-7.5 is amended to read:
11         4-23-7.5. Agricultural and Wildlife Damage Prevention Account.
12        (1) There is created in the General Fund a restricted account known as the Agricultural and
13    Wildlife Damage Prevention Account.
14        (2) Money received under Section 4-23-7 shall be deposited by the commissioner of
15    agriculture and food in the Agricultural and Wildlife Damage Prevention Account to be
16    appropriated for the purposes provided in this chapter.
17        (3) Any supplemental contributions received by the department from livestock owners for
18    predator control programs shall be deposited into the Agricultural and Wildlife Damage Prevention
19    Account.
20        Section 13. Section 4-23-11 is amended to read:
21         4-23-11. Holding a raccoon or coyote in captivity prohibited -- Penalty.
22        (1) No person may hold in captivity a raccoon or coyote, except as provided by rules of
23    the Agricultural and Wildlife Damage Prevention Board.
24        (2) The Division of Wildlife Resources, with the cooperation of the Department of
25    Agriculture and Food and the Department of Health, shall enforce this section.
26        (3) Any violation of this section is a class B misdemeanor.
27        (4) This section does not prohibit a person from continuing to keep a raccoon or coyote
28    that he owns as of the effective date of this act.
29        Section 14. Section 4-35-2 is amended to read:
30         4-35-2. Definitions.
31        As used in this chapter:

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1        [(1) "Commissioner" means the Commissioner of Agriculture.]
2        [(2)] (1) "Committee" means the Decision and Action Committee created by and
3    established under this chapter.
4        [(3)] (2) "Department" means the Department of Agriculture and Food.
5        [(4)] (3) "Insect" means, but is not limited to, grasshopper, range caterpillar, mormon
6    cricket, apple maggot, cherry fruit fly, plum curculio, and cereal leaf beetle.
7        Section 15. Section 4-35-6 is amended to read:
8         4-35-6. Money deposited as dedicated credits -- Balance nonlapsing -- Matching
9     funds allowed.
10        All money received by the state under this chapter is deposited by the Department of
11    Agriculture and Food as dedicated credits for the purpose of insect control with the state. Any
12    unexpended balance at the end of a fiscal year is nonlapsing. This money may be used as
13    matching funds for:
14        (1) participation in programs of the United States Department of Agriculture[,]; and
15        (2) in contracts with private property owners who own croplands contiguous to infested
16    public rangelands.
17        Section 16. Section 4-36-3 is amended to read:
18         4-36-3. Filing of compact.
19        Pursuant to Article IV (h) of the compact, copies of bylaws and amendments to the
20    compact shall be filed with the Department of Agriculture and Food.
21        Section 17. Section 4-36-4 is amended to read:
22         4-36-4. Compact administrator.
23        The compact administrator for this state shall be the commissioner of [the Department of
24    Agriculture] agriculture and food.
25        Section 18. Section 4-37-107 is amended to read:
26         4-37-107. Advisory council.
27        (1) The department shall establish an advisory council to give advice and make
28    recommendations on policies and rules adopted pursuant to this chapter.
29        (2) The advisory council shall consist of eight members appointed by the commissioner
30    of agriculture and food to four-year terms as follows:
31        (a) two members, recommended by the executive director of the Department of Natural

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1    Resources, shall represent the Department of Natural Resources;
2        (b) two members shall represent the Department of Agriculture and Food;
3        (c) two members shall represent the aquaculture industry; and
4        (d) two members, recommended by the executive director of the Department of Natural
5    Resources from a list of candidates submitted by the Division of Wildlife Resources, shall
6    represent public fishing interests.
7        (3) Notwithstanding the requirements of Subsection (2), the commissioner shall, at the
8    time of appointment or reappointment, adjust the length of terms to ensure that the terms of council
9    members are staggered so that approximately half of the council is appointed every two years.
10        (4) When a vacancy occurs in the membership for any reason, the replacement shall be
11    appointed for the unexpired term.
12        (5) A majority of the advisory council constitutes a quorum. A quorum is necessary for
13    the council to act.
14        (6) (a) (i) Members who are not government employees shall receive no compensation or
15    benefits for their services, but may receive per diem and expenses incurred in the performance of
16    the member's official duties at the rates established by the Division of Finance under Sections
17    63A-3-106 and 63A-3-107.
18        (ii) Members may decline to receive per diem and expenses for their service.
19        (b) (i) State government officer and employee members who do not receive salary, per
20    diem, or expenses from their agency for their service may receive per diem and expenses incurred
21    in the performance of their official duties from the council at the rates established by the Division
22    of Finance under Sections 63A-3-106 and 63A-3-107.
23        (ii) State government officer and employee members may decline to receive per diem and
24    expenses for their service.
25        Section 19. Section 4-37-503 is amended to read:
26         4-37-503. Fish Health Board -- Transition period.
27        (1) There is created within the department the Fish Health Board which shall be
28    responsible for determining:
29        (a) the pathogens for which inspection is required to receive health approval; and
30        (b) the pathogens which may not be present to receive health approval.
31        (2) (a) The Fish Health Board shall consist of six members, three of whom shall be

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1    appointed by the commissioner of [the Department of Agriculture] agriculture and food and three
2    of whom shall be appointed by the executive director of the Department of Natural Resources from
3    a list of candidates submitted by the Division of Wildlife Resources.
4        (b) The state veterinarian shall be among the members appointed by the commissioner of
5    [the Department of Agriculture] agriculture and food and shall serve as chair of the board.
6        (c) The chief fish pathologist of the Division of Wildlife Resources shall be among the
7    members appointed by the executive director of the Department of Natural Resources.
8        (d) Except as required by Subsection (e), the term of office of board members shall be four
9    years.
10        (e) Notwithstanding the requirements of Subsection (d), the commissioner shall, at the
11    time of appointment or reappointment, adjust the length of terms to ensure that the terms of board
12    members are staggered so that approximately half of the board is appointed every two years.
13        (f) When a vacancy occurs in the membership for any reason, the replacement shall be
14    appointed for the unexpired term.
15        (g) The board shall meet upon the call of the chair or a majority of the board members.
16        (h) (i) A majority of the board members constitutes a quorum. A quorum is necessary for
17    the board to act.
18        (ii) Approval of a motion to list or delist a pathogen requires at least four votes.
19        (3) (a) (i) Members who are not government employees shall receive no compensation or
20    benefits for their services, but may receive per diem and expenses incurred in the performance of
21    the member's official duties at the rates established by the Division of Finance under Sections
22    63A-3-106 and 63A-3-107.
23        (ii) Members may decline to receive per diem and expenses for their service.
24        (b) (i) State government officer and employee members who do not receive salary, per
25    diem, or expenses from their agency for their service may receive per diem and expenses incurred
26    in the performance of their official duties from the board at the rates established by the Division
27    of Finance under Sections 63A-3-106 and 63A-3-107.
28        (ii) State government officer and employee members may decline to receive per diem and
29    expenses for their service.
30        (4) (a) The board shall make rules consistent with its responsibilities specified in
31    Subsection (1).

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1        (b) The provisions of the proclamation of the Wildlife Board for "Aquaculture and Fish
2    Stocking" that pertain to pathogens for which inspection is necessary and which may not be
3    present shall remain in effect until the Fish Health Board enacts rules to replace those provisions.
4        Section 20. Section 4-38-3 is amended to read:
5         4-38-3. Utah Horse Racing Commission.
6        (1) (a) There is created within the Department the Utah Horse Racing Commission.
7        (b) (i) The commission shall consist of five members who shall be U.S. citizens, Utah
8    residents, and qualified voters of Utah.
9        (ii) Each member shall have an interest in horse racing.
10        (c) (i) The members of the commission shall be appointed by the governor with the
11    consent of the Senate.
12        (ii) The governor shall appoint commission members from a list of nominees submitted
13    by the commissioner of agriculture and food.
14        (d) (i) The members of the commission shall be appointed to four-year terms, except that
15    the original members shall be appointed within 30 days after the effective date of this chapter, two
16    of whom shall be appointed for terms expiring December 31, 1992, two for terms expiring
17    December 31, 1994, and one for a term expiring December 31, 1996.
18        (ii) A commission member may not serve more than two consecutive terms.
19        (e) The governor shall make the appointments so that a resident of each of Utah's three
20    congressional districts is a member of the commission at all times.
21        (f) Each member shall hold office until his or her successor is appointed and qualified.
22        (g) Vacancies on the commission shall be filled by appointment by the governor with the
23    consent of the Senate for the unexpired term.
24        (h) Any member may be removed from office by the governor for cause after a public
25    hearing. Notice of the hearing shall fix the time and place of the hearing and shall specify the
26    charges. Copies of the notice of the hearing shall be served on the member by mailing it to the
27    member at his last known address at least ten days before the date fixed for the hearing. The
28    governor may designate a hearing officer to preside over the hearing and report his findings to the
29    governor.
30        (2) (a) The members of the commission shall annually elect a chairperson.
31        (b) Three members of the commission shall constitute a quorum for the transaction of any

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1    business of the commission.
2        (c) Members of the commission shall receive per diem and expenses as established by the
3    Division of Finance.
4        (3) All claims and expenditures made under this chapter shall be first audited and passed
5    upon by the commission and when approved shall be paid in the manner provided by law for
6    payment of claims against the state [of Utah].
7        (4) Any member of the commission who has a personal or private interest in any matter
8    proposed or pending before the commission shall publicly disclose this fact to the commission and
9    may not vote on the matter.
10        (5) Any member of the commission who owns or who has any interest or whose spouse
11    or member of his immediate family has any interest in a horse participating in a race shall disclose
12    that interest and may not participate in any commission decision involving that race.
13        Section 21. Section 9-2-504 is amended to read:
14         9-2-504. Members -- Appointment -- Terms -- Qualifications -- Vacancies -- Chair
15     and vice chair -- Executive secretary -- Executive committee -- Quorum -- Expenses.
16        (1) The council comprises the following nonvoting members or their designees:
17        (a) the adviser;
18        (b) the executive director of the Department of Natural Resources;
19        (c) the executive director of the Department of Community and Economic Development;
20        (d) the executive director of the Department of Health;
21        (e) the executive director of the Department of Environmental Quality;
22        (f) the commissioner of agriculture and food;
23        (g) the commissioner of higher education;
24        (h) the state planning coordinator; and
25        (i) the executive director of the Department of Transportation.
26        (2) The governor may appoint other voting members, not to exceed 12.
27        (3) (a) Except as required by Subsection (b), as terms of current council members expire,
28    the governor shall appoint each new member or reappointed member to a four-year term.
29        (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
30    appointment or reappointment, adjust the length of terms to ensure that the terms of council
31    members are staggered so that approximately half of the council is appointed every two years.

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1        (4) The governor shall consider all institutions of higher education in the state in the
2    appointment of council members.
3        (5) The voting members of the council shall be experienced or knowledgeable in the
4    application of science and technology to business, industry, or public problems and have
5    demonstrated their interest in and ability to contribute to the accomplishment of the purposes of
6    this part.
7        (6) When a vacancy occurs in the membership for any reason, the replacement shall be
8    appointed for the unexpired term.
9        (7) (a) Each year the council shall select from its membership a chair and a vice chair.
10        (b) The chair and vice chair shall hold office for one year or until a successor is appointed
11    and qualified.
12        (8) The adviser shall serve as executive secretary of the council.
13        (9) An executive committee shall be established consisting of the chair, vice chair, and the
14    adviser.
15        (10) In order to conduct business matters of the council at regularly convened meetings,
16    a quorum consisting of a simple majority of the total voting membership of the council is required.
17    All matters of business affecting public policy require not less than a simple majority of
18    affirmative votes of the total membership.
19        (11) (a) (i) Members who are not government employees shall receive no compensation
20    or benefits for their services, but may receive per diem and expenses incurred in the performance
21    of the member's official duties at the rates established by the Division of Finance under Sections
22    63A-3-106 and 63A-3-107.
23        (ii) Members may decline to receive per diem and expenses for their service.
24        (b) (i) State government officer and employee members who do not receive salary, per
25    diem, or expenses from their agency for their service may receive per diem and expenses incurred
26    in the performance of their official duties from the council at the rates established by the Division
27    of Finance under Sections 63A-3-106 and 63A-3-107.
28        (ii) State government officer and employee members may decline to receive per diem and
29    expenses for their service.
30        (c) (i) Higher education members who do not receive salary, per diem, or expenses from
31    the entity that they represent for their service may receive per diem and expenses incurred in the

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1    performance of their official duties from the committee at the rates established by the Division of
2    Finance under Sections 63A-3-106 and 63A-3-107.
3        (ii) Higher education members may decline to receive per diem and expenses for their
4    service.
5        Section 22. Section 17-41-304 is amended to read:
6         17-41-304. Public hearing -- Review and action on proposal.
7        (1) After receipt of the reports from the advisory committee and planning commission, or
8    after the 45 days has expired, whichever is earlier, the county legislative body shall:
9        (a) schedule a public hearing;
10        (b) provide notice of the public hearing by:
11        (i) publishing notice in a newspaper having general circulation within the proposed
12    agriculture protection area; and
13        (ii) posting notice at five public places within, adjacent to, or near the proposed agriculture
14    protection area;
15        (c) ensure that the notice includes:
16        (i) the time, date, and place of the public hearing on the proposal;
17        (ii) a description of the proposed area;
18        (iii) any proposed modifications to the area;
19        (iv) the recommendations of the advisory committee and planning commission; and
20        (v) a statement that interested persons may appear at the public hearing and speak in favor
21    or against the proposal, any proposed modifications to the proposal, or the recommendations of
22    the advisory committee and planning commission.
23        (2) The county legislative body shall:
24        (a) convene the public hearing at the time, date, and place specified in the notice; and
25        (b) take verbal or written testimony from interested persons.
26        (3) (a) Within 120 days of the submission of the proposal, the county legislative body
27    shall approve, modify and approve, or reject the proposal.
28        (b) The creation of an agriculture protection area is effective when the county legislative
29    body approves a proposal or modified proposal or when 120 days have passed since submission
30    of the proposal and the county legislative body has failed to approve or reject the proposal within
31    that time, whichever is earlier.

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1        (4) (a) In order to give constructive notice of the existence of the agriculture protection
2    area to all persons who have, may acquire, or may seek to acquire an interest in land in or adjacent
3    to the agriculture protection area, within ten days of the creation of an agriculture protection area,
4    the county legislative body shall file an executed document containing a legal description of the
5    agriculture protection area with:
6        (i) the county recorder of deeds; and
7        (ii) the planning commission.
8        (b) If the legal description of the property to be included in the agriculture protection area
9    is available through the county recorder's office, the county legislative body shall use that legal
10    description in its executed document required in Subsection (a).
11        (5) Within ten days of the recording of the agriculture protection area, the county
12    legislative body shall:
13        (a) send written notification to the commissioner of agriculture and food that the
14    agriculture protection area has been created;
15        (b) include in the notification:
16        (i) the number of landowners owning land within the agriculture protection area;
17        (ii) the total acreage of the area;
18        (iii) the date of approval of the area; and
19        (iv) the date of recording.
20        Section 23. Section 17-41-406 is amended to read:
21         17-41-406. Restrictions on state development projects.
22        (1) Each state agency that plans any development project that might affect land within an
23    agriculture protection area shall submit its development plan to the commissioner of agriculture
24    and food and the agriculture protection area's advisory board for their review.
25        (2) The commissioner of agriculture and food and the agriculture protection area's advisory
26    board shall:
27        (a) review the state agency's proposed development plan; and
28        (b) recommend any modifications to the development project that would protect the
29    integrity of the agriculture protection area or that would protect the agriculture protection area
30    from nonfarm encroachment.
31        Section 24. Section 17A-3-800 is amended to read:

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1         17A-3-800. Definitions.
2        As used in this chapter:
3        (1) "Commission" means the Soil Conservation Commission created by Section 4-18-4.
4        (2) "Department" means the Department of Agriculture and Food created in Section 4-2-1.
5        (3) "District" means a soil conservation district created under this chapter.
6        Section 25. Section 19-1-107 is amended to read:
7         19-1-107. Environmental Quality Coordinating Committee created -- Chair --
8     Function -- Meetings -- Per diem and expenses.
9        (1) There is created within the department the Environmental Quality Coordinating
10    Committee.
11        (2) The committee comprises:
12        (a) the chairmen of the Air Quality Board, the Water Quality Board, the Drinking Water
13    Board, and the Solid and Hazardous Waste Control Board;
14        (b) the executive directors of the Departments of Natural Resources, Health, and
15    Environmental Quality;
16        (c) the commissioner of [the Department of Agriculture] agriculture and food; and
17        (d) a local health officer.
18        (3) The executive director of the Department of Environmental Quality is the chair of the
19    committee.
20        (4) The committee shall coordinate environmental policy decisions between departments
21    and assist in the development of environmental quality plans for the state.
22        (5) The committee shall meet on a regular basis on a schedule established by the chair.
23        (6) (a) (i) Members who are not government employees shall receive no compensation or
24    benefits for their services, but may receive per diem and expenses incurred in the performance of
25    the member's official duties at the rates established by the Division of Finance under Sections
26    63A-3-106 and 63A-3-107.
27        (ii) Members may decline to receive per diem and expenses for their service.
28        (b) (i) State government officer and employee members who do not receive salary, per
29    diem, or expenses from their agency for their service may receive per diem and expenses incurred
30    in the performance of their official duties from the committee at the rates established by the
31    Division of Finance under Sections 63A-3-106 and 63A-3-107.

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1        (ii) State government officer and employee members may decline to receive per diem and
2    expenses for their service.
3        (c) (i) Local government members who do not receive salary, per diem, or expenses from
4    the entity that they represent for their service may receive per diem and expenses incurred in the
5    performance of their official duties at the rates established by the Division of Finance under
6    Sections 63A-3-106 and 63A-3-107.
7        (ii) Local government members may decline to receive per diem and expenses for their
8    service.
9        Section 26. Section 23-15-13 is amended to read:
10         23-15-13. Operation of aquaculture and fee fishing facilities.
11        A person may engage in the following activities as provided by Title 4, Chapter 37,
12    Aquaculture Act, and rules adopted under that chapter by the Department of Agriculture and Food
13    and Wildlife Board:
14        (1) acquisition, importation, or possession of aquatic animals intended for use in an
15    aquaculture or fee fishing facility;
16        (2) transportation of aquatic animals to or from an aquaculture facility or to a fee fishing
17    facility;
18        (3) stocking or propagation of aquatic animals in an aquaculture or fee fishing facility; and
19        (4) harvest, transfer, or sale of aquatic animals from an aquaculture or fee fishing facility.
20        Section 27. Section 23-24-1 is amended to read:
21         23-24-1. Procedure to obtain compensation for livestock damage done by bear or
22     mountain lion.
23        (1) As used in this section:
24        (a) "Damage" means injury or loss to livestock.
25        (b) "Division" means the Division of Wildlife Resources.
26        (c) "Livestock" means calves, sheep, or lambs.
27        (2) When livestock are damaged by a bear or mountain lion, the owner may receive
28    compensation for 50% of the fair market value of the damage. To obtain this compensation, the
29    owner of the damaged livestock shall notify the division of the damage as soon as possible, but
30    no later than four days after the damage is discovered. This notification is required each time any
31    damage is discovered.

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1        (3) Proof of loss forms, provided by the division, shall be filed no later than 30 days after
2    the original notification of damage was given to the division by the claimant.
3        (4) (a) The division, with the assistance of the Department of Agriculture and Food in
4    making the determination, shall either accept or deny the claim for damages within 30 days after
5    the proof of loss form is filed. The division shall pay all accepted claims to the extent of money
6    appropriated by the Legislature for this purpose.
7        (b) The division shall not pay mountain lion and bear damage claims to livestock owners
8    who have failed to file with the commissioner of agriculture and food their completed livestock
9    form and appropriate fee as outlined in Section 4-23-7 for the immediately preceding and current
10    year.
11        (c) If the division denies a claim, except as provided in Subsection (4)(b), the claimant
12    may appeal the decision to a panel consisting of one person selected by the claimant, one person
13    selected by the division, and a third person selected by the first two panel members. The panel
14    shall decide whether the division should pay all or a portion of the claim.
15        (5) The Wildlife Board is authorized, subject to Title 63, Chapter 46a, [the] Utah
16    Administrative Rulemaking Act, to make and enforce rules to administer and enforce this section.
17        Section 28. Section 42-3-1 is amended to read:
18         42-3-1. Commissioner of agriculture and food to register names.
19        Any owner of a farm in this state may have the name of his farm, together with a brief
20    description of his lands to which such name applies, recorded in a register kept for the purpose in
21    the office of the commissioner of agriculture and food, and the commissioner of agriculture and
22    food shall furnish to such landowner a proper certificate setting forth such name and a brief
23    description of such lands. When any name shall have been so recorded it shall not be recorded as
24    the name of any other farm.
25        Section 29. Section 42-3-2 is amended to read:
26         42-3-2. Recording fee.
27        Any person having the name of his farm so recorded shall first pay to the commissioner
28    of agriculture and food a fee determined by the commissioner pursuant to Section 63-38-3.2. This
29    fee shall be transmitted to the General Fund.
30        Section 30. Section 42-3-4 is amended to read:
31         42-3-4. Cancellation by owner -- Fee.

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1        When any owner of a registered farm desires to cancel its registered name, he shall write
2    on the back of the certificate the following: "This name is canceled, and I hereby release all rights
3    thereunder," and shall sign such statement in the presence of a witness and file the same in the
4    office of the commissioner of agriculture and food. For such filing the commissioner of
5    agriculture and food shall charge a fee determined by the commissioner pursuant to Section
6    63-38-3.2, which shall be paid to the General Fund. The commissioner of agriculture and food
7    shall, when such certificate so endorsed has been filed in his office, write on the margin of the
8    register of such name the word "canceled."[.]
9        Section 31. Section 53-7-222 is amended to read:
10         53-7-222. Restrictions on the sale or use of fireworks.
11        (1) (a) The division shall test and approve a representative sample of each class C common
12    state approved explosive before the explosive may be sold to the public.
13        (b) The division shall publish a list of all class C explosives that are approved for sale to
14    the public each year.
15        (2) (a) Except as provided in Subsection (b), class C dangerous explosives may not be
16    possessed, discharged, sold, or offered for retail sale.
17        (b) (i) The following persons may purchase, possess, or discharge class C dangerous
18    explosives:
19        (A) display operators who receive a license from the division in accordance with Section
20    53-7-223 and approval from their local licensing authority in accordance with Section 11-3-3.5;
21    and
22        (B) operators approved by the Division of Wildlife Resources or Department of
23    Agriculture and Food to discharge agricultural and wildlife fireworks.
24        (ii) Importers and wholesalers licensed under Section 53-7-224 may possess, sell, and offer
25    to sell class C dangerous explosives.
26        (3) Unclassified fireworks may not be sold, or offered for sale.
27        Section 32. Section 58-20a-301 is amended to read:
28         58-20a-301. Licensure required -- License classifications.
29        (1) A person shall hold a license under this chapter in order to engage in the practice of
30    environmental health science while employed by any of the following, except as specifically
31    exempted in Section 58-20a-305 or 58-1-307:

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1        (a) a local health department;
2        (b) the state Department of Health;
3        (c) the state Department of Human Services;
4        (d) the Department of Agriculture and Food as a food and dairy compliance officer; or
5        (e) a local health department as its director of environmental health services.
6        (2) Any other individual not subject to Subsection (1) may also be licensed under this
7    chapter upon compliance with all requirements.
8        (3) The division shall issue to persons who qualify under this chapter a license in the
9    classification:
10        (a) environmental health scientist; or
11        (b) environmental health scientist-in-training.
12        Section 33. Section 58-20a-305 is amended to read:
13         58-20a-305. Exemptions from licensure.
14        In addition to the exemptions from licensure in Section 58-1-307, a person is exempt from
15    the licensure requirements of this chapter if:
16        (1) the person's practice of environmental health science is limited to inspecting in order
17    to enforce compliance with an inspection and maintenance program established pursuant to Section
18    41-6-163.6 or to issuing permits under that program;
19        (2) the person is a laboratory staff person employed by the Department of Agriculture and
20    Food or the Department of Health, and in his employment inspects, permits, certifies, or otherwise
21    enforces laboratory standards in laboratories regulated by state or local public health laws; or
22        (3) the person is the local health officer of a local public health department which employs
23    a director of environmental health services licensed under this chapter.
24        Section 34. Section 59-2-514 is amended to read:
25         59-2-514. State Farmland Evaluation Advisory Committee -- Membership -- Duties.
26        (1) There is created a State Farmland Evaluation Advisory Committee consisting of five
27    members appointed as follows:
28        (a) one member appointed by the commission who shall be chairman of the committee;
29        (b) one member appointed by the president of Utah State University;
30        (c) one member appointed by the state Department of Agriculture and Food;
31        (d) one member appointed by the state County Assessors' Association; and

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1        (e) one member actively engaged in farming or ranching appointed by the other members
2    of the committee.
3        (2) The committee shall meet at the call of the chairman to review the several
4    classifications of land in agricultural use in the various areas of the state and recommend a range
5    of values for each of the classifications based upon productive capabilities of the land when
6    devoted to agricultural uses. The recommendations shall be submitted to the commission prior to
7    October 2 of each year.
8        Section 35. Section 63-5-4 is amended to read:
9         63-5-4. Disaster Emergency Advisory Council created -- Function -- Composition --
10     Expenses.
11        (1) A Disaster Emergency Advisory Council is created to provide advice to the governor
12    on matters relating to state government emergency disaster response and recovery actions and
13    activities.
14        (2) The council shall meet at the call of the governor.
15        (3) The Disaster Emergency Advisory Council comprises the:
16        (a) lieutenant governor;
17        (b) attorney general;
18        (c) president of the Senate;
19        (d) speaker of the House of Representatives;
20        (e) heads of the following state agencies:
21        (i) Public Safety;
22        (ii) Division of Comprehensive Emergency Management;
23        (iii) Building Board; and
24        (iv) Office of Planning and Budget;
25        (f) executive directors of the following departments:
26        (i) Transportation;
27        (ii) Human Services;
28        (iii) Health;
29        (iv) Environmental Quality;
30        (v) Community and Economic Development; and
31        (vi) Natural Resources;

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1        (g) representative of the National Guard appointed by the governor with the advice and
2    consent of the Senate;
3        (h) commissioner of agriculture and food;
4        (i) state planning coordinator; and
5        (j) representatives from two statewide, nongovernmental service organizations appointed
6    by the governor with the advice and consent of the Senate.
7        (4) The commissioner of Public Safety shall serve as the chair of the council.
8        (5) (a) (i) State government officer and employee members who do not receive salary, per
9    diem, or expenses from their agency for their service may receive per diem and expenses incurred
10    in the performance of their official duties from the council at the rates established by the Division
11    of Finance under Sections 63A-3-106 and 63A-3-107.
12        (ii) State government officer and employee members may decline to receive per diem and
13    expenses for their service.
14        (b) Legislators on the committee shall receive compensation and expenses as provided by
15    law and legislative rule.
16        Section 36. Section 63-5b-102 (Effective 07/01/97) is amended to read:
17         63-5b-102 (Effective 07/01/97). Definitions.
18        (1) (a) "Absent" means:
19        (i) not physically present or not able to be communicated with for 48 hours; or
20        (ii) for local government officers, as defined by local ordinances.
21        (b) "Absent" does not include a person who can be communicated with via telephone,
22    radio, or telecommunications.
23        (2) "Attack" means a nuclear, conventional, biological, or chemical warfare action against
24    the United States of America or this state.
25        (3) "Department" means the Department of Administrative Services, the Department of
26    Agriculture and Food, the Alcoholic Beverage Control Commission, the Department of
27    Commerce, the Department of Community and Economic Development, the Department of
28    Corrections, the Department of Environmental Quality, the Department of Financial Institutions,
29    the Department of Health, the Department of Human Resource Management, the Department of
30    Workforce Services, the National Guard, the Department of Insurance, the Department of Natural
31    Resources, the Department of Public Safety, the Public Service Commission, the Department of

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1    Human Services, the State Tax Commission, the Department of Transportation, any other major
2    administrative subdivisions of state government, the State Board of Education, the State Board of
3    Regents, the Utah Housing Finance Agency, the Utah Technology Finance Corporation, the
4    Workers' Compensation Fund of Utah, the State Retirement Board, and each institution of higher
5    education within the system of higher education.
6        (4) "Disaster" means a situation causing, or threatening to cause, widespread damage,
7    social disruption, or injury or loss of life or property resulting from attack, internal disturbance,
8    natural phenomenon, or technological hazard.
9        (5) "Division" means the Comprehensive Emergency Management Division established
10    in Title 53, Chapter 2, Comprehensive Emergency Management Act.
11        (6) "Emergency interim successor" means a person designated by this chapter to exercise
12    the powers and discharge the duties of an office when the person legally exercising the powers and
13    duties of the office is unavailable.
14        (7) "Executive director" means the person with ultimate responsibility for managing and
15    overseeing the operations of each department, however denominated.
16        (8) "Internal disturbance" means a riot, prison break, disruptive terrorism, or strike.
17        (9) "Natural phenomenon" means any earthquake, tornado, storm, flood, landslide,
18    avalanche, forest or range fire, drought, epidemic, or other catastrophic event.
19        (10) (a) "Office" includes all state and local offices, the powers and duties of which are
20    defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.
21        (b) "Office" does not include the office of governor or the legislative or judicial offices.
22        (11) "Place of governance" means the physical location where the powers of an office are
23    being exercised.
24        (12) "Political subdivision" includes counties, cities, towns, townships, districts,
25    authorities, and other public corporations and entities whether organized and existing under charter
26    or general law.
27        (13) "Political subdivision officer" means a person holding an office in a political
28    subdivision.
29        (14) "State officer" means the attorney general, the state treasurer, the state auditor, and
30    the executive director of each department.
31        (15) "Technological hazard" means any hazardous materials accident, mine accident, train

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1    derailment, air crash, radiation incident, pollution, structural fire, or explosion.
2        (16) "Unavailable" means:
3        (a) absent from the place of governance during a disaster that seriously disrupts normal
4    governmental operations, whether or not that absence or inability would give rise to a vacancy
5    under existing constitutional or statutory provisions; or
6        (b) as otherwise defined by local ordinance.
7        Section 37. Section 63-9a-22 is amended to read:
8         63-9a-22. State Building Ownership Authority Program -- Obligations for
9     agriculture department office building facility authorized.
10        (1) The State Building Ownership Authority created under the State Building Ownership
11    Authority Act, Sections 63-9a-1 through 63-9a-20, is authorized and directed to issue or cause to
12    be issued as soon as practicable its obligations in an aggregate principal sum of $4,000,000 to pay
13    all of the cost of constructing an office building facility at approximately 325 North Redwood
14    Road in Salt Lake City to house the administrative offices and laboratories of the Department of
15    Agriculture and Food. The facility shall include appropriate parking and support facilities.
16        (2) The obligations of the authority issued pursuant to Subsection (1) shall clearly state
17    that they are limited obligations of the authority, that they are to be paid solely from rental and
18    lease payments received by the authority from the Department of Agriculture and Food or other
19    state agencies utilizing the facility, and that they shall not constitute, nor give rise to, a general
20    obligation or liability of, nor a charge against, the authority or general credit or taxing power of
21    this state or any of its political subdivisions. These obligations may be secured by such mortgages,
22    trust deeds, indentures, pledge agreements, assignments, or other security instruments as may be
23    required to encumber the facility in connection with the issuance of those obligations so long as
24    they provide that no deficiency judgment upon foreclosure may be entered against the authority,
25    this state, or any of its political subdivisions.
26        (3) The proceeds from the sale of the obligations of the authority shall be applied solely
27    to the cost of construction of the facility which shall include:
28        (a) the actual cost of improving the land;
29        (b) the actual cost of constructing, reconstructing, enlarging, improving, maintaining,
30    equipping, or furnishing all or any part of the real estate, including architects' and engineers' fees;
31    and

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1        (c) all expenses connected with the authorization, sale, and issuance of the obligations
2    including fees for outside attorneys or accountants whose opinions are required to secure the
3    issuance of any obligation, fees for financial advice, printing costs, and the interest on those
4    obligations for a reasonable time prior to, during, and after completion of, construction.
5        Section 38. Section 63-28a-3 is amended to read:
6         63-28a-3. Membership -- Terms -- Chair -- Expenses.
7        (1) Membership of the RDCC shall include the state science advisor and representatives
8    of the following departments and divisions:
9        (a) Department of Agriculture and Food;
10        (b) Department of Community and Economic Development;
11        (c) Department of Environmental Quality;
12        (d) Department of Natural Resources;
13        (e) Department of Transportation;
14        (f) Division of Business and Economic Development;
15        (g) Division of Community Development;
16        (h) Division of State History;
17        (i) Division of Air Quality;
18        (j) Division of Drinking Water;
19        (k) Division of Environmental Response and Remediation;
20        (l) Division of Radiation;
21        (m) Division of Solid and Hazardous Waste;
22        (n) Division of Water Quality;
23        (o) Division of Oil, Gas, and Mining;
24        (p) Division of Parks and Recreation;
25        (q) Division of Forestry, Fire and State Lands;
26        (r) Utah Geological Survey;
27        (s) Division of Water Resources;
28        (t) Division of Water Rights;
29        (u) Division of Wildlife Resources;
30        (v) School and Institutional Trust Lands Administration;
31        (w) Division of Facilities Construction and Management; and

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1        (x) Division of Comprehensive Emergency Management.
2        (2) (a) Additional members may be added as considered appropriate by a majority vote
3    of RDCC members with the concurrence of the state planning coordinator.
4        (b) Terms of additional members shall be four-years each, adjusted to ensure that the terms
5    are staggered so that approximately half of the additional members are appointed every two years.
6        (3) A chair shall be selected by a majority vote of RDCC members with the concurrence
7    of the state planning coordinator.
8        (4) (a) (i) Members who are not government employees shall receive no compensation or
9    benefits for their services, but may receive per diem and expenses incurred in the performance of
10    the member's official duties at the rates established by the Division of Finance under Sections
11    63A-3-106 and 63A-3-107.
12        (ii) Members may decline to receive per diem and expenses for their service.
13        (b) (i) State government officer and employee members who do not receive salary, per
14    diem, or expenses from their agency for their service may receive per diem and expenses incurred
15    in the performance of their official duties from the council at the rates established by the Division
16    of Finance under Sections 63A-3-106 and 63A-3-107.
17        (ii) State government officer and employee members may decline to receive per diem and
18    expenses for their service.
19        Section 39. Section 63-55-204 is amended to read:
20         63-55-204. Repeal dates, Title 4.
21        (1) The following divisions of the Department of Agriculture and Food, created under the
22    authority of Section 4-2-4, are repealed on the following dates:
23        (a) The Division of Agricultural Development and Conservation is repealed July 1, 1997.
24        (b) Under the Division of Animal Industry:
25        (i) the Animal Identification Program is repealed July 1, 1997;
26        (ii) the Animal Health Program is repealed July 1, 1999; and
27        (iii) the Meat Inspection Program is repealed July 1, 1999.
28        (c) The Division of Food and Dairy, Weights and Measures, is repealed July 1, 2000.
29        (d) The Division of Marketing and Promotion is repealed July 1, 2002.
30        (e) The Division of Plant Industry is repealed July 1, 2000.
31        (2) The Agricultural Advisory Board, created in Section 4-2-7, is repealed July 1, 2001.

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1        (3) The Dairy Advisory Board, created in Section 4-3-15, is repealed July 1, 2000.
2        (4) The Bedding, Upholstered Furniture, and Clothing Advisory Committee, created in
3    Section 4-10-12, is repealed July 1, 2000.
4        (5) The Pesticide Committee, created in Section 4-14-10, is repealed July 1, 2000.
5        (6) The Soil Conservation Commission, created in Section 4-18-4, is repealed July 1,
6    1997.
7        (7) The Utah Dairy Commission, created in Section 4-22-2, is repealed July 1, 2002.
8        (8) Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act, is repealed July
9    1, 2004.
10        (9) The Livestock Brand Board, created in Section 4-24-4, is repealed July 1, 1997.
11        (10) The Livestock Market Committee, created in Section 4-30-2, is repealed July 1, 1999.
12        Section 40. Section 63-85-2 is amended to read:
13         63-85-2. Maximum amount -- Projects authorized.
14        (1) The total amount of bonds issued under this chapter may not exceed $85,000,000.
15        (2) (a) Proceeds from the issuance of bonds shall be provided to the Division of Facilities
16    Construction and Management and to the Division of Parks and Recreation to provide funds to pay
17    all or part of the cost of acquiring and constructing the projects listed in this Subsection (2). These
18    costs may include the cost of acquiring land, interests in land, easements and rights-of-way,
19    improving sites, and acquiring, constructing, equipping, and furnishing facilities and all structures,
20    roads, parking facilities, utilities, and improvements necessary, incidental, or convenient to the
21    facilities, interest estimated to accrue on these bonds during the period to be covered by
22    construction of the projects plus a period of six months thereafter, and all related engineering,
23    architectural, and legal fees.
24        (b) For the Division of Parks and Recreation, $1,000,000 of proceeds shall be provided
25    for state parks and $700,000 of proceeds shall be provided for Antelope Island State Park and
26    Causeway.
27        (c) For the Division of Facilities Construction and Management, proceeds shall be
28    provided for the following:
29    CAPITAL FACILITIES CONSTRUCTION
30    1    Ogden Courts Building Design
$1,000,000

31    2    Utah State University Library
$10,814,400


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1    3    Department of Agriculture and Food - Animal Diagnostics Laboratory
$2,243,700

2    4    Uintah Basin Applied Technology Center Multi-Tech Wing
$1,498,500

3    5    Dixie College Library
$1,597,600

4    6    Salt Lake Community College Lifetime Activities Center
$5,264,100

5    7    Weber State University Student Services Building
$2,926,500

6    8    Utah State University - Utility Improvements
$6,492,800

7    9    Box Elder County Courts Building
$2,400,000

8    10    Salt Lake Courts Complex Land Acquisition
$2,450,000

9    11    Alcoholic Beverage Control Office/Warehouse
$5,163,900

10    12    San Juan Technical Building
$3,434,200

11    13    Salt Lake Community College Science/Industry Building - Phase I
$3,000,000

12    14    Utah Valley Community College Physical Education/Special
$4,000,000

13        Events Center - Phase I
14    15    Southeast Utah Armory - Phase I
$100,000

15    16    Sevier Valley Applied Technology Center Business/Technology
$2,200,000

16        Building/Convention Center
17    17    University of Utah Marriott Library - Phase I
$10,000,000

18    18    Lone Peak Conservation Office
$87,700

19    19    Weber State University Library
$1,622,800

20    20    Southern Utah University Library - Phase I
$3,400,000

21    21    Department of Human Services - State Hospital Food Services
$3,532,400

22    TOTAL CONSTRUCTION
$73,228,600

23    CAPITAL IMPROVEMENTS
24    Alterations, Repairs, and Improvements
$10,000,000

25    TOTAL CONSTRUCTION AND IMPROVEMENTS
$83,228,600

26        (3) The amounts listed in Subsection (2) are estimates only and do not constitute a
27    limitation on the amount that may be expended for any project. The State Building Board or the
28    Board of Parks and Recreation, as the case may be, may revise these estimates and redistribute the
29    amount estimated for a project among the projects authorized. The commission by resolution and
30    in consultation with the State Building Board or the Board of Parks and Recreation, as the case
31    may be, may delete one or more projects from this list if the inclusion of such project or projects

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1    in the list could be construed to violate state law or federal law or regulation.
2        (4) The Division of Facilities Construction and Management may enter into agreements
3    relative to these projects prior to the receipt of proceeds of bonds issued under this chapter.
4    Expenditures made prior to the receipt of such proceeds shall come from unexpended and
5    unencumbered building funds already appropriated to the Capital Projects Fund. The division
6    shall reimburse the Capital Projects Fund upon receipt of the proceeds of bonds issued under this
7    chapter. The commission may, by resolution, make any statement of intent relating to such
8    reimbursement as may be necessary or desirable to comply with federal tax law.
9        (5) For those projects where only partial funding is provided for in Subsection (2), it is the
10    intent of the Legislature that the balance necessary to complete the projects be addressed by future
11    legislatures, either through appropriations or through the issuance or sale of bonds. For such
12    projects, the Division of Facilities Construction and Management may enter into contracts for
13    amounts not to exceed the anticipated full project funding but may not allow work to be performed
14    on such contracts in excess of the funding already authorized by the Legislature. Such contracts
15    shall contain a provision for termination of the contract for the convenience of the state as required
16    by Section 63-56-40. It is also the intent of the Legislature that this authorization to the Division
17    of Facilities Construction and Management does not bind future legislatures to fund projects
18    initiated from this authorization.
19        (6) The Division of Facilities Construction and Management shall fund the following
20    projects from amounts in project budgets designated for design contingencies:
21    1    Salt Lake Community College - South Valley Campus Land Acquisition
$1,000,000

22    2    Antelope Island State Park and Causeway
$300,000.

23        Section 41. Section 67-19-6.7 (Effective 07/01/97) is amended to read:
24         67-19-6.7 (Effective 07/01/97). Overtime policies for state employees.
25        (1) As used in this section:
26        (a) "Accrued overtime hours" means:
27        (i) for nonexempt employees, overtime hours earned during a fiscal year that, at the end
28    of the fiscal year, have not been paid and have not been taken as time off by the nonexempt state
29    employee who accrued them; and
30        (ii) for exempt employees, overtime hours earned during an overtime year.
31        (b) "Agreement" means the agreement authorized by the FLSA by which a nonexempt

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1    employee elects the form of compensation he will receive for overtime.
2        (c) "Appointed official" means:
3        (i) each department executive director and deputy director, each division director, and each
4    member of a board or commission; and
5        (ii) any other person employed by a department who is appointed by, or whose
6    appointment is required by law to be approved by, the governor and who:
7        (A) is paid a salary by the state of Utah; and
8        (B) who exercises managerial, policy-making, or advisory responsibility.
9        (d) "Department" means the Department of Administrative Services, the Department of
10    Corrections, the Department of Financial Institutions, the Department of Alcoholic Beverage
11    Control, the Insurance Department, the Public Service Commission, the Department of Agriculture
12    and Food, the Department of Human Services, the State Board of Education, the Department of
13    Natural Resources, the Department of Transportation, the Department of Commerce, the
14    Department of Workforce Services, the State Tax Commission, the Department of Community and
15    Economic Development, the Department of Health, the National Guard, the Department of
16    Environmental Quality, the Department of Public Safety, the Department of Human Resource
17    Management, the Commission on Criminal and Juvenile Justice, all merit employees except
18    attorneys in the Office of the Attorney General, merit employees in the Office of the State
19    Treasurer, and merit employees in the Office of the State Auditor.
20        (e) "Elected official" means any person who is an employee of the state of Utah because
21    he was elected by the registered voters of Utah to a position in state government.
22        (f) "Exempt employee" means a state employee who is exempt as defined by the FLSA.
23        (g) "FLSA" means the Fair Labor Standards Act, 29 U.S.C. Section 201 et seq. (1978).
24        (h) "Human Resource Management" means the Department of Human Resource
25    Management.
26        (i) "Nonexempt employee" means a state employee who is nonexempt as defined by
27    Human Resource Management applying FLSA requirements.
28        (j) "Overtime" means actual time worked in excess of the employee's defined work period.
29        (k) "Overtime year" means the year determined by a department under Subsection (4)(b)
30    at the end of which an exempt employee's accrued overtime lapses.
31        (l) (i) "State employee" means every person employed by a department who is not an

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1    appointed official or an elected official.
2        (ii) "State employee" does not mean:
3        (A) certificated employees of the State Board of Education; and
4        (B) employees of the Department of Community and Economic Development whose
5    positions are designated as schedule AM exempt employees under Section 67-19-15.
6        (m) "Uniform annual date" means the date when an exempt employee's accrued overtime
7    lapses.
8        (n) "Work period" means:
9        (i) for all nonexempt employees, except law enforcement and hospital employees, a
10    consecutive seven day 24 hour work period of 40 hours;
11        (ii) for all exempt employees, a 14 day, 80 hour payroll cycle; and
12        (iii) for nonexempt law enforcement and hospital employees, the period established by
13    each department by rule for those employees according to the requirements of the FLSA.
14        (2) Each department shall compensate each state employee who works overtime by
15    complying with the requirements of this section.
16        (3) (a) Each department shall negotiate and obtain a signed agreement from each
17    nonexempt employee.
18        (b) In the agreement, the nonexempt employee shall elect either to be compensated for
19    overtime by:
20        (i) taking time off work at the rate of one and one-half hour off for each overtime hour
21    worked; or
22        (ii) being paid for the overtime worked at the rate of one and one-half times the rate per
23    hour that the state employee receives for nonovertime work.
24        (c) Any nonexempt employee who elects to take time off under this subsection shall be
25    paid for any overtime worked in excess of the cap established by Human Resource Management.
26        (d) Before working any overtime, each nonexempt employee shall obtain authorization
27    to work overtime from the employee's immediate supervisor.
28        (e) Each department shall:
29        (i) for employees who elect to be compensated with time off for overtime, allow overtime
30    earned during a fiscal year to be accumulated; and
31        (ii) for employees who elect to be paid for overtime worked, pay them for overtime

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1    worked in the paycheck for the pay period in which the employee worked the overtime.
2        (f) If the department pays a nonexempt employee for overtime, the department shall charge
3    that payment to the department's budget.
4        (g) At the end of each fiscal year, the Division of Finance shall total all the accrued
5    overtime hours for nonexempt employees and charge that total against the appropriate fund or
6    subfund.
7        (4) (a) (i) Except as provided in Subsection (4)(a)(ii), each department shall compensate
8    exempt employees who work overtime by granting them time off at the rate of one hour off for
9    each hour of overtime worked.
10        (ii) The director of Human Resource Management may grant limited exceptions to this
11    requirement, where work circumstances dictate, by authorizing a department to pay employees for
12    overtime worked at the rate per hour that the employee receives for nonovertime work, if the
13    department has funds available.
14        (b) (i) Each department shall:
15        (A) establish in its written personnel policies a uniform annual date for each division that
16    is at the end of any pay period; and
17        (B) communicate the uniform annual date to its employees.
18        (ii) If any department fails to establish a uniform annual date as required by this
19    subsection, the director of Human Resource Management, in conjunction with the director of the
20    Division of Finance, shall establish the date for that department.
21        (c) (i) Any overtime earned under this Subsection (4) is not an entitlement, is not a benefit,
22    and is not a vested right.
23        (ii) A court may not construe the overtime for exempt employees authorized by this
24    Subsection (4) as an entitlement, a benefit, or as a vested right.
25        (d) At the end of the overtime year, upon transfer to another department at any time, and
26    upon termination, retirement, or other situations where the employee will not return to work before
27    the end of the overtime year:
28        (i) any of an exempt employee's overtime that is more than the maximum established by
29    Human Resource Management rule lapses; and
30        (ii) unless authorized by the director of Human Resource Management under Subsection
31    (4)(a)(ii), a department may not compensate the exempt employee for that lapsed overtime by

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1    paying the employee for the overtime or by granting the employee time off for the lapsed overtime.
2        (e) Before working any overtime, each exempt employee shall obtain authorization to
3    work overtime from their immediate supervisor.
4        (f) If the department pays an exempt employee for overtime under authorization from the
5    director of the Department of Human Resource Management, the department shall charge that
6    payment to the department's budget in the pay period earned.
7        (5) Human Resource Management shall:
8        (a) ensure that the provisions of the FLSA and this section are implemented throughout
9    state government;
10        (b) determine, for each state employee, whether that employee is exempt, nonexempt, law
11    enforcement, or has some other status under the FLSA;
12        (c) in coordination with modifications to the systems operated by the Division of Finance,
13    make rules:
14        (i) establishing procedures for recording overtime worked that comply with FLSA
15    requirements;
16        (ii) establishing requirements governing overtime worked while traveling and procedures
17    for recording that overtime that comply with FLSA requirements;
18        (iii) establishing requirements governing overtime worked if the employee is "on call" and
19    procedures for recording that overtime that comply with FLSA requirements;
20        (iv) establishing requirements governing overtime worked while an employee is being
21    trained and procedures for recording that overtime that comply with FLSA requirements;
22        (v) subject to the FLSA, establishing the maximum number of hours that a nonexempt
23    employee may accrue before a department is required to pay the employee for the overtime
24    worked;
25        (vi) subject to the FLSA, establishing the maximum number of overtime hours for an
26    exempt employee that do not lapse; and
27        (vii) establishing procedures for adjudicating appeals of any FLSA determinations made
28    by Human Resource Management as required by this section;
29        (d) monitor departments for compliance with the FLSA; and
30        (e) recommend to the Legislature and the governor any statutory changes necessary
31    because of federal government action.

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1        (6) In coordination with the procedures for recording overtime worked established in rule
2    by Human Resource Management, the Division of Finance shall modify its payroll and personnel
3    systems to accommodate those procedures.
4        (a) Notwithstanding the procedures and requirements of Title 63, Chapter 46b,
5    Administrative Procedures Act, Section 67-19-31, and Section 67-19a-301, any employee who is
6    aggrieved by the FLSA designation made by Human Resource Management as required by this
7    section may appeal that determination to the executive director of Human Resource Management
8    by following the procedures and requirements established in Human Resource Management rule.
9        (b) Upon receipt of an appeal under this section, the director shall notify the executive
10    director of the employee's department that the appeal has been filed.
11        (c) If the employee is aggrieved by the decision of the executive director of Human
12    Resource Management, he shall appeal that determination to the Department of Labor, Wage and
13    Hour Division, according to the procedures and requirements of federal law.
14        Section 42. Section 67-19c-101 (Effective 07/01/97) is amended to read:
15         67-19c-101 (Effective 07/01/97). Department award program.
16        (1) As used in this section:
17        (a) "Department" means the Department of Administrative Services, the Department of
18    Agriculture and Food, the Department of Alcoholic Beverage Control, the Department of
19    Commerce, the Department of Community and Economic Development, the Department of
20    Corrections, the Department of Workforce Services, the Department of Environmental Quality,
21    the Department of Financial Institutions, the Department of Health, the Department of Human
22    Resource Management, the Department of Human Services, the Insurance Department, the
23    National Guard, the Department of Natural Resources, the Department of Public Safety, the Public
24    Service Commission, the State Board of Education, the State Board of Regents, the State Tax
25    Commission, and the Department of Transportation.
26        (b) "Department head" means the individual or body of individuals in whom the ultimate
27    legal authority of the department is vested by law.
28        (2) There is created a department awards program to award an outstanding employee in
29    each department of state government.
30        (3) (a) By April 1 of each year, each department head shall solicit nominations for
31    outstanding employee of the year for his department from the employees in his department.

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1        (b) By July 1 of each year, the department head shall:
2        (i) select a person from the department to receive the outstanding employee of the year
3    award using the criteria established in Subsection (c); and
4        (ii) announce the recipient of the award to his employees.
5        (c) Department heads shall make the award to a person who demonstrates:
6        (i) extraordinary competence in performing his function;
7        (ii) creativity in identifying problems and devising workable, cost-effective solutions to
8    them;
9        (iii) excellent relationships with the public and other employees;
10        (iv) a commitment to serving the public as the client; and
11        (v) a commitment to economy and efficiency in government.
12        (4) (a) The Department of Human Resource Management shall divide any appropriation
13    for outstanding department employee awards that it receives from the Legislature equally among
14    the departments.
15        (b) If the department receives monies from the Department of Human Resource
16    Management or if the department budget allows, the department head shall provide the employee
17    with a bonus, a plaque, or some other suitable acknowledgement of the award.
18        (5) (a) The department head may name the award after an exemplary present or former
19    employee of the department.
20        (b) A department head may not name the award for himself or for any relative as defined
21    in Section 52-3-1.
22        (c) Any awards or award programs existing in any department as of May 3, 1993, shall be
23    modified to conform to the requirements of this section.
24        Section 43. Section 67-22-2 (Effective 07/01/97) is amended to read:
25         67-22-2 (Effective 07/01/97). Compensation -- Other state officers.
26        (1) The governor shall establish salaries for the following state officers within the
27    following salary ranges fixed by the Legislature:
28            State Officer                     Salary Range
29        Member, Workforce Appeals Board            $49,200 - $66,600
30        Director, Health Policy Commission             $51,100 - $69,200
31        Commissioner of Agriculture and Food         $54,700 - $74,100

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1        Commissioner of Insurance                 $54,700 - $74,100
2        Director, Alcoholic Beverage Control
3            Commission                     $54,700 - $74,100
4        Commissioners, Department of Financial
5            Institutions                     $54,700 - $74,100
6        Members, Board of Pardons and Parole         $54,700 - $74,100
7        Executive Director, Department
8            of Commerce                     $54,700 - $74,100
9        Executive Director, Commission on
10            Criminal and Juvenile Justice         $54,700 - $74,100
11        Adjutant General                     $54,700 - $74,100
12        Chair, Tax Commission                 $59,200 - $80,000
13        Commissioners, Tax Commission             $59,200 - $80,000
14        Executive Director, Department of
15            Community and Economic
16            Development                     $59,200 - $80,000
17        Executive Director, Tax Commission         $59,200 - $80,000
18        Chair, Public Service Commission             $59,200 - $80,000
19        Commissioner, Public Service Commission         $59,200 - $80,000
20        Executive Director, Department
21            of Corrections                     $64,500 - $87,100
22        Commissioner, Department of Public Safety         $64,500 - $87,100
23        Executive Director, Department of
24            Natural Resources                 $64,500 - $87,100
25        Director, Office of Planning
26            and Budget                     $64,500 - $87,100
27        Executive Director, Department of
28            Administrative Services             $64,500 - $87,100
29        Executive Director, Department of
30            Human Resource Management         $64,500 - $87,100
31        Executive Director, Department of

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1            Environmental Quality             $64,500 - $87,100
2        Executive Director, Department of             $67,500 - $91,200
3            Workforce Services
4        Executive Director, Department of
5            Health                         $70,100 - $94,800
6        Executive Director, Department
7            of Human Services                 $70,100 - $94,800
8        Executive Director, Department
9            of Transportation                 $70,100 - $94,800
10        (2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
11    follows:
12        (i) the option of participating in a state retirement system established by Title 49 or in a
13    deferred compensation plan administered by the State Retirement Office in accordance with the
14    Internal Revenue Code and its accompanying rules and regulations;
15        (ii) health insurance;
16        (iii) dental insurance;
17        (iv) basic life insurance;
18        (v) unemployment compensation;
19        (vi) workers' compensation;
20        (vii) required employer contribution to Social Security;
21        (viii) long-term disability insurance;
22        (ix) the same additional state-paid life insurance available to other noncareer service
23    employees;
24        (x) the same severance pay available to other noncareer service employees;
25        (xi) the same sick leave, converted sick leave, educational allowances, and holidays
26    granted to Schedule B state employees, and the same annual leave granted to Schedule B state
27    employees with more than ten years of state service;
28        (xii) the option to convert accumulated sick leave to cash or insurance benefits as provided
29    by law or rule upon resignation or retirement according to the same criteria and procedures applied
30    to Schedule B state employees;
31        (xiii) the option to purchase additional life insurance at group insurance rates according

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1    to the same criteria and procedures applied to Schedule B state employees; and
2        (xiv) professional memberships if being a member of the professional organization is a
3    requirement of the position.
4        (b) Each department shall pay the cost of additional state-paid life insurance for its
5    executive director from its existing budget.
6        (3) The Legislature fixes the following additional benefits:
7        (a) for the executive director of the State Tax Commission a vehicle for official and
8    personal use;
9        (b) for the executive director of the Department of Transportation a vehicle for commute
10    and official use;
11        (c) for the executive director of the Department of Natural Resources a vehicle for
12    commute and official use;
13        (d) for the Commissioner of Public Safety:
14        (i) an accidental death insurance policy if POST certified; and
15        (ii) a public safety vehicle for official and personal use;
16        (e) for the executive director of the Department of Corrections:
17        (i) an accidental death insurance policy if POST certified; and
18        (ii) a public safety vehicle for official and personal use;
19        (f) for the Adjutant General a vehicle for official and personal use; and
20        (g) for each member of the Board of Pardons and Parole a vehicle for commute and official
21    use.
22        (4) (a) The governor has the discretion to establish a specific salary for each office listed
23    in Subsection (1), and, within that discretion, may provide salary increases within the range fixed
24    by the Legislature.
25        (b) The governor shall apply the same overtime regulations applicable to other FLSA
26    exempt positions.
27        (c) The governor may develop standards and criteria for reviewing the performance of the
28    state officers listed in Subsection (1).
29        (5) Salaries for other Schedule A employees, as defined in Section 67-19-15, which are
30    not provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary Act,
31    shall be established as provided in Section 67-19-15.

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1        Section 44. Section 73-10g-2 is amended to read:
2         73-10g-2. General obligation bonds -- Authorization for issuance and sale.
3        The commission created under Section 63-56a-1 may issue and sell general obligation
4    bonds of the state, pledging the full faith, credit, and resources of the state for the payment of the
5    principal of and interest on the bonds, to provide funds to the Board of Water Resources, to be
6    distributed by it, with administrative assistance by the Division of Water Resources and the
7    Department of Agriculture and Food, to the Department of Environmental Quality, acting through
8    the Drinking Water Board, and to the Department of Environmental Quality, acting through the
9    Water Quality Board. The total amount of bonds issued under this chapter may not exceed
10    $14,500,000.
11        Section 45. Section 73-10h-2 is amended to read:
12         73-10h-2. General obligation bonds -- Authorization for issuance and sale.
13        The commission created under Section 63-56a-1 may issue and sell general obligation
14    bonds of the state, pledging the full faith, credit, and resources of the state for the payment of the
15    principal of and interest on the bonds, to provide funds to the Board of Water Resources, to be
16    distributed by it, with administrative assistance by the Division of Water Resources and the
17    Department of Agriculture and Food, to the Department of Environmental Quality, acting through
18    the Drinking Water Board, and to the Department of Environmental Quality, acting through the
19    Water Quality Board. The total amount of bonds issued under this chapter may not exceed
20    $5,500,000.
21        Section 46. Effective date.
22        This act takes effect on July 1, 1997.




Legislative Review Note
    as of 1-3-97 1:31 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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