Second Substitute H.B. 125

This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 19, 2008 at 11:50 AM by rday. -->

Representative Kerry W. Gibson proposes the following substitute bill:

1 DEPARTMENT OF AGRICULTURE AND FOOD
2 AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kerry W. Gibson
6 Senate Sponsor: Darin G. Peterson
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions relating to the Department of Agriculture and Food.
11 Highlighted Provisions:
12 This bill:
13 . expands the types of actions for which the department may receive court costs and
14 fees;
15 . requires the attorney general to represent the department in an action enforcing the
16 Utah Dairy Act and the Utah Wholesome Food Act;
17 . adds the S. [ executive ] .S director of the School and Trust Lands Administration to the
18 Conservation Commission;
19 . authorizes a regional grazing board to elect a treasurer;
20 . requires a regional grazing board treasurer to post a bond; and
21 . makes technical changes.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None

26 Utah Code Sections Affected:
27 AMENDS:
28 4-1-4, as last amended by Laws of Utah 2007, Chapter 179
29 4-18-4, as last amended by Laws of Utah 2007, Chapter 179
30 4-20-1.6, as last amended by Laws of Utah 2007, Chapter 179
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 4-1-4 is amended to read:
34 4-1-4. Code enforcement -- Inspection authorized -- Condemnation or seizure --
35 Injunctive relief -- Costs awarded -- County or district attorney to represent state --
36 Criminal actions -- Witness fee.
37 (1) [For the purpose of enforcing any] To enforce a provision in this title, the
38 department may:
39 (a) enter, at reasonable times, and inspect [any] a public or private premises where an
40 agricultural [products are] product is located; and
41 (b) obtain [samples of products] a sample of an agricultural product at no charge to the
42 department, unless otherwise specified in this title.
43 (2) The department may proceed immediately, if admittance is refused, to obtain an ex
44 parte warrant from the nearest court of competent jurisdiction to allow entry [upon] to the
45 premises [for the purpose of making inspections and obtaining samples] to inspect or obtain a
46 sample.
47 (3) (a) The department is authorized in [any] a court of competent jurisdiction to:
48 (i) seek an order of seizure or condemnation of [any] an agricultural product that
49 violates this title; or
50 (ii) upon proper grounds, obtain a temporary restraining order or temporary or
51 permanent injunction to prevent violation of this title.
52 (b) [No bond shall be required] The court may not require a bond of the department in
53 [any] an injunctive proceeding brought under this section.
54 (4) (a) If the court orders condemnation, the department shall dispose of the
55 agricultural product as the court directs.
56 (b) The court may not order condemnation without giving the claimant of the

57 agricultural product an opportunity to apply to the court for permission to:
58 (i) bring the agricultural product into conformance; or [for permission to]
59 (ii) remove [it] the agricultural product from the state.
60 (5) If the [court orders condemnation] department prevails in an action authorized by
61 Subsection (3)(a), the court shall award court costs, fees, storage, and other costs to the
62 department.
63 (6) (a) Unless otherwise specifically provided [within the particular chapter governing
64 the product sought to be seized or condemned or the conduct sought to be enjoined] by this
65 title, the county attorney of the county in which the product is located or the act committed
66 shall represent the department in [any] an action commenced under authority of this section.
67 (b) The attorney general shall represent the department in an action to enforce:
68 (i) Chapter 3, Utah Dairy Act; or
69 (ii) Chapter 5, Utah Wholesome Food Act.
70 (7) (a) In [any] a criminal action brought by the department for violation of this title,
71 the county attorney or district attorney in the county in which the alleged criminal activity
72 [occurred] occurs shall represent the state.
73 (b) Before the department pursues [any] a criminal action, [it] the department shall first
74 give to the person it intends to have charged:
75 (i) written notice of its intent to file criminal charges [to the person it intends to
76 charge]; and [give the person]
77 (ii) an opportunity to present, personally or through counsel, the person's views with
78 respect to the contemplated action.
79 (8) [Any] A witness subpoenaed by the department for whatever purpose is entitled to:
80 (a) a witness fee for each day of required attendance at [proceedings] a proceeding
81 initiated by the department; and
82 (b) mileage in accordance with the fees and mileage allowed [witnesses] a witness
83 appearing in [the] a district [courts] court of this state.
84 Section 2. Section 4-18-4 is amended to read:
85 4-18-4. Conservation Commission created -- Composition -- Appointment --
86 Terms -- Compensation -- Attorney general to provide legal assistance.
87 (1) There is created within the department the Conservation Commission to perform

88 the functions specified in this chapter.
89 (2) The Conservation Commission shall be comprised of [15] 16 members, including:
90 (a) the director of the Extension Service at Utah State University or the director's
91 designee;
92 (b) the president of the Utah Association of Conservation Districts or the president's
93 designee;
94 (c) the commissioner or the commissioner's designee;
95 (d) the executive director of the Department of Natural Resources or the executive
96 director's designee;
97 (e) the executive director of the Department of Environmental Quality or the executive
98 director's designee;
99 (f) the chair and the vice chair of the State Grazing Advisory Board created in Section
100 4-20-1.5 ;
101 (g) the president of the County Weed Supervisors Association; [and]
102 (h) seven district supervisors who provide district representation on the commission on
103 a multicounty basis[.]; and
104 (i) the S. [ executive ] .S director of the School and Institutional Trust Lands Administration or
105 the S. [ executive ] .S director's designee.
106 (3) If a district supervisor is unable to attend a meeting, an alternate may serve in the
107 place of the district supervisor for that meeting.
108 (4) The members of the commission specified in Subsection (2)(h) shall:
109 (a) be recommended by the commission to the governor; and
110 (b) be appointed by the governor with the consent of the Senate.
111 (5) (a) Except as required by Subsection (5)(b), as terms of current commission
112 members expire, the governor shall appoint each new member or reappointed member to a
113 four-year term.
114 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
115 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
116 commission members are staggered so that approximately half of the commission is appointed
117 every two years.
118 (6) When a vacancy occurs in the membership for any reason, the replacement shall be

119 appointed for the unexpired term.
120 (7) The commissioner is chair of the commission.
121 (8) Attendance of a majority of the commission members at a meeting constitutes a
122 quorum.
123 (9) (a) (i) A member who is not a government employee may not receive compensation
124 or benefits for the member's service, but may receive per diem and expenses incurred in the
125 performance of the member's official duties at the rates established by the Division of Finance
126 under Sections 63A-3-106 and 63A-3-107 .
127 (ii) A member may decline to receive per diem and expenses for the member's service.
128 (b) (i) A state government officer and employee member who does not receive salary,
129 per diem, or expenses from the agency the member represents for the member's service may
130 receive per diem and expenses incurred in the performance of the member's official duties at
131 the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
132 (ii) A state government officer and employee member may decline to receive per diem
133 and expenses for the member's service.
134 (c) (i) A higher education member who does not receive salary, per diem, or expenses
135 from the entity that the member represents for the member's service may receive per diem and
136 expenses incurred in the performance of the member's official duties from the committee at the
137 rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
138 (ii) A higher education member may decline to receive per diem and expenses for the
139 member's service.
140 (d) (i) A local government member who does not receive salary, per diem, or expenses
141 from the entity that the member represents for the member's service may receive per diem and
142 expenses incurred in the performance of the member's official duties at the rates established by
143 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
144 (ii) A local government member may decline to receive per diem and expenses for the
145 member's service.
146 (10) The commission shall keep a record of its actions.
147 (11) The attorney general shall provide legal services to the commission upon request.
148 Section 3. Section 4-20-1.6 is amended to read:
149 4-20-1.6. Regional Grazing Advisory Boards -- Duties.

150 (1) The commissioner shall appoint members to a regional board for each grazing
151 district from nominations submitted by:
152 (a) the Utah Cattlemen's Association;
153 (b) the Utah Woolgrower's Association;
154 (c) the Utah Farm Bureau Federation; and
155 (d) a conservation district, if the conservation district's boundaries include some
156 portion of the grazing district.
157 (2) Regional boards:
158 (a) shall provide advice and recommendations to the state board; and
159 (b) may receive monies from the Rangeland Improvement Fund created in Section
160 4-20-2 .
161 (3) If a regional board receives monies as authorized by Subsection (2)(b), the regional
162 board shall elect a treasurer to expend the monies:
163 (a) as directed by the regional board; and
164 (b) in accordance with Section 4-20-3 .
165 (4) (a) A treasurer elected in accordance with Subsection (3) shall, for the faithful
166 performance of the treasurer's official duties, file with the department:
167 (i) a $5,000 corporate surety bond; or
168 (ii) a $10,000 personal surety bond.
169 (b) The regional board shall pay the premium for the bond required by Subsection
170 (4)(a) from the monies received under Subsection (2)(b).