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MINUTES OF THE HOUSE
NATURAL RESOURCES, AGRICULTURE, & ENVIRONMENT STANDING COMMITTEE

Room W125, West Office Building, State Capitol Complex

February 7, 2007


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. Patrick Painter
    Rep. Phil Riesen
    Rep. Steve Sandstrom
    Rep. Richard Wheeler     
    
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. Gibson called the meeting to order at 8:03 a.m.

MOTION:    Rep. Hendrickson moved to pass the minutes of the February 2, 2007 meeting. The motion passed unanimously with Rep. Andersen, Rep. Brown, Rep. Mathis and Rep. Sandstrom absent for the vote.

H.B. 321    Off-highway Vehicle Amendments (Rep. M. Noel)

Rep. Noel explained the bill to the committee.

MOTION:    Rep. Noel moved to amend the bill as follows:

1.    Page 1, Lines 14 through 16 :    

             14          .    requires that a person
  that is under 12 years of age and is       operating an off-highway vehicle with an appropriate safety

             15      certificate issued or approved by the Division of Parks and Recreation shall be


             16      under the direct supervision of a person who is at least 18 years of age;

2.    Page 1, Lines 17 through 19 :    

             17          .    
{   changes the penalty   }        increases the fine       for violating the off-highway vehicle supervision, safety

             18      certificate, or driver license operating requirement from
{   an infraction to a class C

             19      misdemeanor  
}
  $50 to $100       ;


3.    Page 1, Line 22 :    

             22      law enforcement agency in certain circumstances;
    
  .    provides an exception to the off-highway vehicle accident notice requirement;      


4.    Page 2, Lines 56 through 58 :    

             56          (ii) is under the direct supervision of a person who is at least 18 years of age if
  the person is under 12 years of age and is      

             57      operating on a public highway that is:
             58          (A) open to motor vehicles; and

5.    Page 3, Lines 62 through 63 :    

             62          [(2)] (3) (a) [Any] A person convicted of a violation of this section is guilty of
{   [   } an

             63      infraction and shall be fined not more than
{   $50   }        $100       per offense      {   ]   }      {   a class C misdemeanor   } .


6.    Page 3, Lines 70 through 72 :    

             70          [(3)] (4) The requirements of this section do not apply to an operator of
{   an all-terrain

             71      type I vehicle with a properly displayed and current  
}
  an       off-highway implement of husbandry

             72
{  
     sticker   }
.

7.    Page 3, Line 83 :    

             83          (3) The provisions of Section 41-6a-402 apply to accidents reported under this section.


    
  (4) The requirements of this section do not apply to an operator of an off- highway implement of husbandry if the off-highway implement of husbandry is being operated on public lands or designated trails.      


        The motion passed unanimously with Rep. Andersen, Rep. Brown and Rep. Mathis absent for vote

Spoke to the bill:    Reed Richards, Weber County Sheriffs Office

MOTION:    Rep. Noel moved to amend the bill by deleting paragraphs #1 and #4 from the above amendment. The motion passed unanimously with Rep. Andersen and Rep. Brown absent for the vote.

Spoke for the bill:    Mike Swensen, Director Utah Shared Alliance Association

MOTION:    Rep. Donnelson moved to pass the bill out favorably as amended. The motion passed unanimously with Rep. Anderson and Rep. Brown absent for the vote.

H.B. 237    Requirements for Off-highway Vehicles (Rep. A. Tilton)

Rep. Tilton explained the bill to the committee.

MOTION:    Rep. Sandstrom moved to delete in title and body H.B. 237 and replace it with 1st Sub. H.B. 237. The motion passed unanimously with Rep. Andersen, Rep. Brown, Rep. Mathis and Rep. Noel absent for the vote.

MOTION:    Rep. Wheeler moved to amend the bill as follows:
1.    Page 1, Lines 21-23:    Delete lines 21-23
        
        The motion passed unanimously with Rep. Andersen, Rep. Brown, Rep. Mathis          and Rep. Noel absent for the vote.

Spoke for the bill:    Mike Swensen, Utah Shared Alliance Association            
            Joseph Sloat, citizen
            Dale Bartholomew, Instructor ATV Safety Institute
            JoAnn Butts, citizen
            Dustin Stanworth, citizen, Utah Racing Association

Spoke against the bill:    Fred Hayes, Utah State Parks and Recreation


MOTION:    Rep. Noel moved to passed the bill out favorably as amended. The bill passed with Rep. Riesen voting in opposition. Rep. Andersen and Rep. Brown were absent for the vote.


H.B. 339    Regulation of Cottage Food Production Operation (Rep. R. Barrus)


Rep. Barrus, accompanied by Janie Wilkinson and Lisa Harrison, explained the bill to the committee.

MOTION:     Rep. Barrus moved to delete in title and body H.B. 339     and replace it with 1st Sub. H.B. 339. The bill passed unanimously with Rep. Andersen absent for the vote .

Spoke for the bill:    Janie Wilkinson, citizen
             Kyle Stevens, Deputy Commissioner Department of Agriculture and Food              Robin Riggs, Salt Lake Chamber
            Teresa Garrett, Utah Dept. of Health
            
Spoke against the bill:    Jim Olsen, President Utah Food Industry Association

MOTION:    Rep. Donnelson moved to pass the bill out favorably. The motion passed with Rep. Draxler, Rep. Gowans and Rep. Hendrickson voting in opposition. Rep. Mathis and Rep. Wheeler were absent for the vote.

H.B. 140    Safe Drinking Water Amendments (Rep. S. Andersen)

Rep. Andersen explained the bill to the committee. (handout)

MOTION: Rep. Andersen moved to amend the bill as follows:

1.    Page 2, Lines 37 through 38 :    

             37          (3) "Drinking water source protection ordinance" means a land use ordinance that
             38      protects existing
{   and potential   } public drinking water        sources       .


        The motion passed unanimously with Rep. Barrus, Rep. Mathis, Rep. Riesen and Rep. Wheeler absent for the vote.

Spoke for the bill:    Paul Ashton, Manager White City Water Improvement District
            Todd Bingham, Utah Farm Bureau    

Spoke to the bill:    Ken Bousfield, Acting Director Division of Drinking Water



MOTION:     Rep. Donnelson moved to proceed to the next item on the agenda. The motion passed unanimously with Rep. Mathis and Rep. Riesen absent for the vote.


H.C.R. 6    Utah Farming Heritage District Resolution (Rep. P. Painter)


Rep. Painter explained the bill to the committee. (handouts, including chocolate-covered cherries)

Spoke for the bill:    Filip Askerlund, Santaquin City Councilman
            Stefan Chatwin, Santaquin City Manager
            Todd Bingham, Utah Farm Bureau
             Kyle Stevens, Deputy Commissioner, Department of Agriculture and Food

MOTION:    Rep. Wheeler moved to pass the bill out favorably. The motion passed unanimously with Rep. Mathis and Rep. Riesen absent for the vote.

MOTION:    Rep. Painter moved to place the bill on the consent calendar. The motion passed unanimously with Rep. Mathis and Rep. Riesen absent for the vote.

MOTION:    Rep. Duckworth moved to adjourn.

Rep. Gibson adjourned the meeting at 9:59 a.m.





    
                    _________________________
    Rep. Roger E. Barrus, Chair