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NATURAL RESOURCES, AGRICULTURE, & ENVIRONMENT STANDING COMMITTEE
Members Present: Rep. Roger E. Barrus, Chair
Rep. Kerry Gibson, Vice Chair
Rep. Sylvia Andersen
Rep. Mel Brown
Rep. Glenn Donnelson
Rep. Jack Draxler
Rep. Carl Duckworth Rep. James Gowans
Rep. Neal Hendrickson
Rep. John Mathis
Rep. Mike Noel
Rep. Phil Riesen
Rep. Steve Sandstrom
Rep. Richard Wheeler
Members Absent: Rep. Patrick Painter
Staff Present: Brian Allred, Policy Analyst
Carrie Griffith, Committee Secretary
Note: List of visitors and a copy of handouts are filed with committee minutes
Rep. Barrus called the meeting to order at 8:03 a.m.
MOTION: Rep. Gibson moved to approve the minutes of the January 25, 2007 meeting. The motion passed unanimously, with Rep. Hendrickson, Rep. Noel, Rep. Riesen, Rep. Sandstrom and Rep. Wheeler absent for the vote.
H.B. 280 Centennial Nonmotorized Paths and Trail Crossings Program Appropriation (Rep. K. Holdaway)
Rep. Holdaway explained the bill to the committee.
Spoke for the bill: Mary Tumius, Director State Parks and Recreation
Julie Peck-Dabling, Utah Recreational Trails Advisory Council
Rep. Ralph Becker, District 24
MOTION: Rep. Noel moved to amend the bill as follows:
1. Page 1, Line 14 :
14 . establishes an ongoing appropriation of
{
$500,000
}
$350,000
to the
Centennial Nonmotorized
2. Page 1, Line 19 :
19 . as an ongoing appropriation, subject to future budget constraints,
{
$500,000
}
$350,000
to the
3. Page 2, Line 30 :
30 appropriated from the General Fund for fiscal year 2007-08,
{
$500,000
}
$350,000
to the Department of
The motion passed, with Rep. Draxler, Rep. Duckworth, Rep. Hendrickson and Rep. Riesen voting in opposition.
MOTION: Rep. Andersen moved to pass the bill out favorably as amended. The motion failed, with Rep. Andersen, Rep. Barrus, Rep. Donnelson, Rep. Draxler, Rep. Duckworth, Rep. Hendrickson, and Rep. Riesen, voting in the affirmative.
H.B. 237 Requirements for Off-highway Vehicles (Rep. A. Tilton)
MOTION: Rep. Gibson moved to amend the bill as follows:
1. Page 1, Lines 16 through 18 :
16
{
. prohibits a person from operating an off-highway vehicle on a public
land, trail,
17 street, or highway if the off-highway vehicle exceeds certain noise emission
18 standards with exceptions; }
2. Page 2, Line 31 :
31
{
41-22-13, as last amended by Chapter 1, Laws of Utah 1986, Second Special
Session
}
3. Page 4, Lines 94 through 113 :
94
{
Section 3.
Section
41-22-13
is amended to read:
95
41-22-13. Prohibited uses.95
96 [No] (1) A person may not operate an off-highway vehicle in connection with:
97 (a) acts of vandalism[,];
98 (b) harassment of wildlife or domestic animals[,];
99 (c) burglaries or other crimes[,]; or
100 (d) damage to the environment, which includes:
101 (i) excessive pollution of air, water, or land[,];
102 (ii) abuse of the watershed[,];
103 (iii) impairment of plant or animal life[,]; or
104 (iv) excessive mechanical noise.
105 (2) Except as provided in Subsection (3), a person may not operate an off-highway
106 vehicle on any public land, trail, street, or highway in this state with a noise emission that
107 exceeds 96 dbA using test procedures established by the Society of Automotive Engineers
108 under Standard J-1287.
109 (3) The prohibition under Subsection (2) does not apply to:
110 (a) a snowmobile; or
111 (b) an off-highway vehicle operated on sand dunes or in a competitive or organized
112 event. }
113 Section
{
4
}
3
.
Section
41-22-29
is amended to read:
The motion passed unanimously.
Rep. Tilton explained the bill to the committee.
Spoke for the bill: Todd Bingham, Utah Farm Bureau
Mike Swensen, Executive Director Utah Shared Access Alliance
Spoke against the bill: Fred Hayes, Off-Highway Vehicles, Dept. of Natural Resources
Ted Wooley, State Parks and Recreation and Off-Highway Vehicles
MOTION: Rep. Riesen moved to amend the bill as follows:
1. Page 1, Lines 19 through 21 :
{
19
. changes the age that a person is prohibited from operating an
off-highway vehicle
20 from younger than eight to younger than six years of age except in certain
21 circumstances; and }
2. Page 2, Line 32 :
{
32
41-22-29, as last amended by Chapter 114, Laws of Utah 1999
}
3. Page 4, Line 113 through Page 5, Line 140 :
{
113
Section 4.
Section
41-22-29
is amended to read:
114 41-22-29. Operation by persons under six years of age prohibited -- Definitions --
115 Exception -- Penalty.
116 (1) As used in this section:
117 (a) "Organized practice" means a scheduled motorcycle practice held in an off-road
118 vehicle facility designated by the division and conducted by an organization carrying liability
119 insurance in at least the amounts specified by the division under Subsection (5) covering all
120 activities associated with the practice.
121 (b) "Sanctioned race" means a motorcycle race conducted on a closed course and
122 sponsored and sanctioned by an organization carrying liability insurance in at least the amounts
123 specified by the division under Subsection (5) covering all activities associated with the race.
124 (2) Except as provided under Subsection (3), a person under [eight] six years of age
125 may not operate and an owner may not give another person who is under [eight] six years of
126 age permission to operate an off-highway vehicle on any public land, trail, street, or highway of
127 this state.
128 (3) A child under [eight] six years of age may participate in a sanctioned race or
129 organized practice if:
130 (a) the child is under the immediate supervision of an adult;
131 (b) [advanced life support] emergency medical service personnel, as defined in Section
132 [ 26-8-2 ] 26-8a-102 , are on the premises and immediately available to provide assistance at all
133 times during the sanctioned race or organized practice; and
134 (c) an ambulance [service] provider, as defined in Section [ 26-8-2 ] 26-8a-102 , is on the
135 premises and immediately available to provide assistance for a sanctioned race.
136 (4) Any person convicted of a violation of this section is guilty of an infraction and
137 shall be fined not more than $50 per offense.
138 (5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
139 division shall make rules specifying the minimum amounts of liability coverage for an
140 organized practice or sanctioned race. }
SUBSTITUTE
MOTION: Rep. Noel moved to proceed to the next item on the agenda. The motion passed unanimously.
H.C.R. 4 Resolution Encouraging State Universities' and School Institutional Trust Lands' Efforts in Enhancing State Trust Lands (Rep. E. Hutchings)
Rep. Hutchings explained the bill to the committee.
Spoke for the bill: Kevin Carter, SITLA
MOTION: Rep. Andersen moved to pass the bill out favorably. The motion passed unanimously, with Rep. Hendrickson and Rep. Wheeler absent for the vote.
MOTION: Rep. Noel moved to place the bill on the consent calendar. The motion passed unanimously, with Rep. Hendrickson and Rep. Wheeler absent for the vote.
Rep. Barrus relinquished the chair to Rep. Gibson.
H.B. 124 Agricultural Education (Rep. R. Menlove)
MOTION: Rep. Mathis moved to delete in title and body H.B. 124 and replace it with 1st Sub. H.B. 124. The motion passed unanimously, with Rep. Barrus and Rep. Hendrickson absent for the vote.
Rep. Menlove explained the bill to the committee. (handout)
Spoke for the bill: Debra Spielmaker, USU, Agriculture in the Classroom
Grant Peterson, Grantsville High Agriculture Teacher
Monica Aagard, student at Grantsville High and Utah FFA
Mary Shumway, State Office of Education
MOTION: Rep. Donnelson moved to pass the bill out favorably as substituted. The bill passed unanimously with Rep. Barrus and Rep. Hendrickson absent for the vote.
MOTION: Rep. Sandstrom moved to adjourn. The motion passed unanimously, with Rep. Barrus and Rep. Hendrickson absent for the vote.
The meeting adjourned at 9:51 a.m.
_________________________