MINUTES OF THE HOUSE

NATURAL RESOURCES, AGRICULTURE, & ENVIRONMENT

STANDING COMMITTEE

Room 445, State Capitol

February 10, 2015

Members Present:    Rep. Lee B. Perry, Chair

                                    Rep. Douglas V. Sagers, Vice Chair

                                    Rep. Joel K. Briscoe

                                    Rep. Melvin R. Brown

                                    Rep. Scott H. Chew

                                    Rep. Jack R. Draxler

                                    Rep. Susan Duckworth

                                    Rep. Steve G. Handy

                                    Rep. Timothy D. Hawkes

                                    Rep. Mike K. McKell

                                    Rep. Michael E. Noel

                                    Rep. Scott D. Sandall

                                    Rep. Mike Schultz      

Members Absent:     Rep. Kraig Powell 

Staff Present:            Mr. J Brian Allred, Policy Analyst

Ms. An Bradshaw, Committee Secretary

NOTE:     A list of visitors and handouts are filed with committee minutes

Chair Perry called the meeting to order at 3:53 p.m.

MOTION:     Rep. Brown moved to approve the minutes of the February 4, 2015 meeting. The motion passed unanimously with Rep. Briscoe, Rep. Draxler, Rep. Duckworth, and Rep. Noel absent for the vote.

MOTION:     Rep. Sagers moved to approve the minutes of the February 6, 2015 meeting as corrected by replacing H.B. 140 with H.B. 104. The motion passed unanimously with Rep. Briscoe, Rep. Draxler, Rep. Duckworth, and Rep. Noel absent for the vote.

H.B. 102         Agricultural Tourism Amendments (Rep. L. Perry)

Rep. Perry explained the bill to the committee. "Utah Agriculture and Food" was distributed to the committee.

House Natural Resources, Agriculture, & Environment Standing Committee

February 10, 2015

Page 2

Spoke for the bill:       Craig Moody, Utah Association for Justice

                                    Brett Herbst, citizen

                                    Sterling Brown, Utah Farm Bureau

                                    LuAnn Adams, Commissioner, Utah Department of Agriculture and Food

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

1.    Page 2, Lines 49 through 50:   

49   (c) "Inherent risk" means a danger, hazard, or condition which is an integral part of an

50agricultural tourism activity  and that cannot be eliminated by the exercise of reasonable care  , including:

2.    Page 3, Lines 66 through 67:   

66   (2) A participant in an agricultural tourism activity may not make any claim against, or

67recover damages from, any operator for injury  primarily  resulting from:

3.    Page 3, Lines 77 through 79:   

77   [(2)] (4) In any action for damages for personal injury, death, or property damage in

78which an owner or operator of an [agri-tourism] agritourism activity is named as a defendant, {  it

79shall be an affirmative defense to liability that  }  the court shall undergo a comparative negligence analysis and consider whether  :

The motion passed unanimously with Rep. Draxler and Rep. McKell absent for the vote.

MOTION:     Rep. Sandall moved to pass the bill out favorably as amended. The motion passed unanimously with Rep. Draxler and Rep. McKell absent for the vote.

H.B. 43           Water Rights - Change Application Amendments (Rep. K. McIff)

This bill was not considered.

H.B. 25           Water Law - Application Revisions (Rep. V. L. Snow)

Rep. Snow explained the bill to the committee with the assistance of Richard Bay, General Manager, Jordan Valley Water Conservation District, and Mark Stratford, Assistant Attorney, Ogden City. "Utah HB25 Water Law" was distributed to the committee.

Spoke for the bill:        Kent Jones, State Engineer and Director, Utah Division of Water Rights

                                    Sterling Brown, Utah Farm Bureau

                                    Cameron Diehl, League of Cities and Towns

Spoke against the bill: Craig Jackson, attorney

MOTION:     Rep. Briscoe moved to pass the bill out favorably. The motion passed unanimously with Rep. McKell and Rep. Sagers absent for the vote.

H.B. 222         Farmland Assessment Act Amendments (Rep. M. Noel)

Rep. Noel explained the bill to the committee. Taz Biesinger, Jordanelle Landowners Group, answered questions from the committee.

Spoke for the bill:       Taz Biesinger, Jordanelle Landowners Group

                                   Howard Headlee, Utah Bankers Association

                                   Shelly Teuscher, Jordanelle Special Service District

MOTION:     Rep. Duckworth moved to pass the bill out favorably. The motion passed unanimously with Rep. McKell and Rep. Sagers absent for the vote.

H.B. 212         Wildland Fire Liability Amendments (Rep. M. Wheatley)

Rep. Wheatley explained the bill to the committee.

MOTION:     Rep. Hawkes moved to pass the bill out favorably. The motion passed unanimously with Rep. McKell and Rep. Sagers absent for the vote.

H.B. 64           Milk Sales Amendments (Rep. J. Anderegg)

Rep. Anderegg explained the bill to the committee.

MOTION:     Rep. Noel moved to pass the bill out favorably.

SUBSTITUTE MOTION:   Rep. McKell moved to adjourn. The motion failed with Rep. Brisco, Rep. Chew, Rep. Duckworth, Rep. Hawkes, Rep. Noel, and Rep. Perry voting in opposition and Rep. Sagers absent for the vote.

SUBSTITUTE MOTION:   Rep. Handy moved to send the bill to the Rules Committee and requested it be included on the Master Study Resolution. The motion passed with Rep. Schultz voting in opposition and Rep. Sagers absent for the vote.

MOTION:     Rep. Sandall moved to adjourn. The motion passed unanimously with Rep. Sagers absent for the vote.

Chair Perry adjourned the meeting at 5:30 p.m. 

Lee B. Perry, Chair