First Substitute H.B. 124

Representative Ronda Rudd Menlove proposes the following substitute bill:

1 AGRICULTURAL EDUCATION
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ronda Rudd Menlove
5 Senate Sponsor: Darin G. Peterson
6
7 LONG TITLE
8 General Description:
9 This bill directs the Department of Agriculture and Food to promote agricultural
10 education in the state.
11 Highlighted Provisions:
12 This bill:
13 . directs the department to work with the State Board of Education to promote
14 agricultural education; and
15 . makes technical changes.
16 Monies Appropriated in this Bill:
17 This bill appropriates as an ongoing appropriation subject to future budget constraints,
18 $50,000 from the Education Fund for fiscal year 2007-08 to the State Board of
19 Education.
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 4-2-2, as last amended by Chapter 139, Laws of Utah 2003
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 4-2-2 is amended to read:
28 4-2-2. Functions, powers, and duties of department -- Fees for services --
29 Marketing orders -- Procedure.
30 (1) The department [has and shall exercise the following functions, powers, and duties]
31 shall:
32 (a) [to] inquire into and promote the interests and products of agriculture and its allied
33 industries;
34 (b) [to] promote methods for increasing the production and facilitating the distribution
35 of the agricultural products of the state;
36 (c) (i) [to] inquire into the cause of contagious, infectious, and communicable diseases
37 among livestock and the means for their prevention and cure; and
38 (ii) [to] initiate, implement, and administer plans and programs to prevent the spread of
39 diseases among livestock;
40 (d) [to] encourage experiments designed to determine the best means and methods for
41 the control of diseases among domestic and wild animals;
42 (e) [to] issue marketing orders for any designated agricultural product to:
43 (i) promote orderly market conditions for any product;
44 (ii) give the producer a fair return on the producer's investment at the marketplace; and
45 (iii) only promote and not restrict or restrain the marketing of Utah agricultural
46 commodities;
47 (f) [to] administer and enforce all laws assigned to the department by the Legislature;
48 (g) [to] establish standards and grades for agricultural products and fix and collect
49 reasonable fees for services performed by the department in conjunction with the grading of
50 agricultural products;
51 (h) [to] establish operational standards for any establishment [which] that
52 manufactures, processes, produces, distributes, stores, sells, or offers for sale any agricultural
53 product;
54 (i) [to promulgate, subject to] adopt, according to Title 63, Chapter 46a, Utah
55 Administrative Rulemaking Act, rules necessary for the effective administration of the
56 agricultural laws of the state;

57 (j) [to] when necessary, make investigations, subpoena witnesses and records, conduct
58 hearings, issue orders, and make recommendations concerning all matters related to
59 agriculture;
60 (k) (i) [to] inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or
61 any private or public place [which] that may become infested or infected with harmful insects,
62 plant diseases, noxious or poisonous weeds, or other agricultural pests;
63 (ii) [to] establish and enforce quarantines;
64 (iii) [to] issue and enforce orders and [regulations] rules for the control and eradication
65 of pests, wherever they may exist within the state; and
66 (iv) [to] perform other duties relating to plants and plant products considered advisable
67 and not contrary to law;
68 (l) [to] inspect apiaries for diseases inimical to bees and beekeeping;
69 (m) [to] take charge of any agricultural exhibit within the state, if considered necessary
70 by the department, and award premiums at that exhibit;
71 (n) [to] assist the Soil Conservation Commission in the administration of Title 4,
72 Chapter 18, Soil Conservation Commission Act, and administer and disburse any funds [which
73 are] available [for the purpose of assisting] to assist soil conservation districts in the state in the
74 conservation of the state's soil and water resources; [and]
75 (o) work with the State Board of Education to promote agricultural education in the
76 state; and
77 [(o) to] (p) perform any additional functions, powers, and duties provided by law.
78 (2) [Unless otherwise provided by statute, the] The department, by following the
79 procedures and requirements of Section 63-38-3.2 , may adopt a schedule of fees assessed for
80 services provided by the department. [The fee shall be reasonable and fair, and shall be
81 submitted to and approved by the Legislature as part of the department's annual appropriations
82 request. The department may not charge or collect any fee proposed in this manner without
83 approval by the Legislature.]
84 (3) (a) No marketing order issued under Subsection (1)(e) is effective until:
85 (i) notice of the proposed order is given to the producers and handlers of the affected
86 product;
87 (ii) a hearing conducted by the commissioner is held on the proposed order; and

88 (iii) at least 50% of the registered producers and handlers of the affected products vote
89 in favor of the proposed order.
90 (b) The department may establish boards of control to administer marketing orders and
91 the proceeds derived from any order. It shall be the responsibility of a board of control to:
92 (i) ensure that all proceeds are placed in an account in the name of the board of control
93 in a depository institution; and
94 (ii) ensure that the account is annually audited by an accountant approved by the
95 commissioner.
96 (4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be
97 deposited in the General Fund as nonlapsing dedicated credits for the grain grading program.
98 Section 2. Appropriation.
99 (1) As an ongoing appropriation subject to future budget constraints, there is
100 appropriated from the Education Fund for fiscal year 2007-08 $50,000 to the State Board of
101 Education.
102 (2) It is the intent of the Legislature that the State Board of Education use:
103 (a) $25,000 of the monies appropriated in Subsection (1) to fund agricultural classes
104 and programs in middle and junior high schools that are developed in cooperation with the
105 Department of Agriculture and Food; and
106 (b) $25,000 of the monies appropriated in Subsection (1) to support the delivery of
107 agricultural production classes in high schools that are developed in cooperation with
108 Department of Agriculture and Food.