Chief Sponsor: Scott D. Sandall

Senate Sponsor: Margaret Dayton


8     General Description:
9          This bill amends the composition of certain agricultural boards and commissions.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the composition of the Agricultural Advisory Board;
13          ▸     amends the composition of the Utah Horse Racing Commission;
14          ▸     repeals the Pesticide Committee;
15          ▸     amends the functions and duties of the Conservation Commission;
16          ▸     amends the composition of the Domesticated Elk Act Advisory Council; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          4-2-7, as last amended by Laws of Utah 2015, Chapter 128
25          4-18-105, as last amended by Laws of Utah 2015, Chapter 235
26          4-18-106, as last amended by Laws of Utah 2014, Chapter 383
27          4-38-3, as last amended by Laws of Utah 2013, Chapter 461

28          4-39-104, as last amended by Laws of Utah 2010, Chapter 286
29     REPEALS:
30          4-14-10, as last amended by Laws of Utah 2010, Chapter 286

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 4-2-7 is amended to read:
34          4-2-7. Agricultural Advisory Board created -- Composition -- Responsibility --
35     Terms of office -- Compensation.
36          (1) There is created the Agricultural Advisory Board composed of 16 members, with
37     each member representing one of the following:
38          (a) Utah Farm Bureau Federation;
39          (b) Utah Farmers Union;
40          (c) Utah Cattlemen's Association;
41          (d) Utah Wool Growers' Association;
42          (e) Utah Dairymen's Association;
43          (f) Utah Pork Producer's Association;
44          (g) egg and poultry producers;
45          (h) Utah Veterinary Medical Association;
46          (i) Livestock Auction Marketing Association;
47          (j) Utah Association of Conservation Districts;
48          (k) the Utah horse industry;
49          (l) the food processing industry;
50          (m) the fruit and vegetable industry;
51          (n) the turkey industry;
52          (o) manufacturers of food supplements; [and]
53          (p) a consumer affairs group[.];
54          (q) dean of the College of Agriculture and Applied Science and vice president of
55     extension from Utah State University; and
56          (r) urban and small farmers.
57          (2) (a) The Agricultural Advisory Board shall advise the commissioner regarding:
58          (i) the planning, implementation, and administration of the department's programs; and

59          (ii) the establishment of standards governing the care of livestock and poultry,
60     including consideration of:
61          (A) food safety;
62          (B) local availability and affordability of food; and
63          (C) acceptable practices for livestock and farm management.
64          (b) The Agricultural Advisory Board shall fulfill the duties described in Title 4,
65     Chapter 2, Part 5, Horse Tripping Awareness.
66          (3) (a) Except as required by Subsection (3)(c), members are appointed by the
67     commissioner to four-year terms of office.
68          (b) The commissioner shall appoint representatives of the organizations cited in
69     Subsections (1)(a) through (h) to the Agricultural Advisory Board from a list of nominees
70     submitted by each organization.
71          (c) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
72     the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
73     board members are staggered so that approximately half of the board is appointed every two
74     years.
75          (d) Members may be removed at the discretion of the commissioner upon the request
76     of the group they represent.
77          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
78     appointed for the unexpired term.
79          (4) The board shall elect one member to serve as chair of the Agricultural Advisory
80     Board for a term of one year.
81          (5) (a) The board shall meet four times annually, but may meet more often at the
82     discretion of the chair.
83          (b) Attendance of [nine] 10 members at a duly called meeting constitutes a quorum for
84     the transaction of official business.
85          (6) A member may not receive compensation or benefits for the member's service, but
86     may receive per diem and travel expenses in accordance with:
87          (a) Section 63A-3-106;
88          (b) Section 63A-3-107; and
89          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and

90     63A-3-107.
91          Section 2. Section 4-18-105 is amended to read:
92          4-18-105. Conservation Commission -- Functions and duties.
93          (1) The commission shall:
94          (a) facilitate the development and implementation of the strategies and programs
95     necessary to:
96          (i) protect, conserve, utilize, and develop the soil, air, and water resources of the state;
97     and
98          (ii) promote the protection, integrity, and restoration of land for agricultural and other
99     beneficial purposes;
100          (b) disseminate information regarding districts' activities and programs;
101          (c) supervise the formation, reorganization, or dissolution of districts according to the
102     requirements of Title 17D, Chapter 3, Conservation District Act;
103          (d) prescribe uniform accounting and recordkeeping procedures for districts and
104     require each district to submit annually an audit of its funds to the commission;
105          (e) approve and make loans for agricultural purposes, through the advisory board
106     described in Section 4-18-106, from the Agriculture Resource Development Fund, for:
107          (i) rangeland improvement and management projects;
108          (ii) watershed protection and flood prevention projects;
109          (iii) agricultural cropland soil and water conservation projects;
110          (iv) programs designed to promote energy efficient farming practices; and
111          [(v) development and implementation of coordinated resource management plans, as
112     defined in Section 4-18-103, with conservation districts, as defined in Section 17D-3-102; and]
113          [(vi)] (v) programs or improvements for agriculture product storage or protections of a
114     crop or animal resource;
115          (f) administer federal or state funds, including loan funds under this chapter, in
116     accordance with applicable federal or state guidelines and make loans or grants from those
117     funds to land occupiers for:
118          (i) [the] conservation of soil or water resources;
119          (ii) maintenance of rangeland improvement projects; [and]
120          (iii) development and implementation of coordinated resource management plans, as

121     defined in Section 4-18-103, with conservation districts, as defined in Section 17D-3-102; and
122          [(iii) the] (iv) control or eradication of noxious weeds and invasive plant species:
123          (A) in cooperation and coordination with local weed boards; and
124          (B) in accordance with Section 4-2-8.7;
125          (g) seek to coordinate soil and water protection, conservation, and development
126     activities and programs of state agencies, local governmental units, other states, special interest
127     groups, and federal agencies;
128          (h) plan watershed and flood control projects in cooperation with appropriate local,
129     state, and federal authorities, and coordinate flood control projects in the state;
130          (i) assist other state agencies with conservation standards for agriculture when
131     requested; and
132          (j) when assigned by the governor, when required by contract with the Department of
133     Environmental Quality, or when required by contract with the United States Environmental
134     Protection Agency:
135          (i) develop programs for the prevention, control, or abatement of new or existing
136     pollution to the soil, water, or air of the state;
137          (ii) advise, consult, and cooperate with affected parties to further the purpose of this
138     chapter;
139          (iii) conduct studies, investigations, research, and demonstrations relating to
140     agricultural pollution issues;
141          (iv) give reasonable consideration in the exercise of its powers and duties to the
142     economic impact on sustainable agriculture;
143          (v) meet the requirements of federal law related to water and air pollution in the
144     exercise of its powers and duties; and
145          (vi) establish administrative penalties relating to agricultural discharges as defined in
146     Section 4-18-103 that are proportional to the seriousness of the resulting environmental harm.
147          (2) The commission may:
148          (a) employ, with the approval of the department, an administrator and necessary
149     technical experts and employees;
150          (b) execute contracts or other instruments necessary to exercise its powers;
151          (c) take necessary action to promote and enforce the purpose and findings of Section

152     4-18-102;
153          (d) sue and be sued; and
154          (e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
155     Rulemaking Act, necessary to carry out the powers and duties described in Subsection (1) and
156     Subsections (2)(b) and (c).
157          (3) If, under Subsection (2)(a), the commission employs an individual who was
158     formerly an employee of a conservation district or the Utah Association of Conservation
159     Districts, the Department of Human Resource Management shall:
160          (a) recognize the employee's employment service credit from the conservation district
161     or association in determining leave accrual in the employee's new position within the state; and
162          (b) set the initial wage rate for the employee at the level that the employee was
163     receiving as an employee of the conservation district or association.
164          (4) An employee described in Subsection (3) is exempt from the career service
165     provisions of Title 67, Chapter 19, Utah State Personnel Management Act, and shall be
166     designated under schedule codes and parameters established by the Department of Human
167     Resource Management under Subsection 67-19-15(1)(p) until the commission, under
168     parameters established by the Department of Human Resource Management, designates the
169     employee under a different schedule recognized under Section 67-19-15.
170          (5) (a) For purposes of the report required by Subsection (5)(b), the commissioner shall
171     study the organizational structure of the employees described in Subsection (3).
172          (b) The commissioner shall report to the Natural Resources, Agriculture, and
173     Environmental Quality Appropriations Subcommittee by no later than that subcommittee's
174     November 2015 interim meeting regarding the study required by Subsection (5)(a).
175          Section 3. Section 4-18-106 is amended to read:
176          4-18-106. Agriculture Resource Development Fund -- Contents -- Use of fund
177     money -- Authority board.
178          (1) There is created a revolving loan fund known as the Agriculture Resource
179     Development Fund.
180          (2) The Agriculture Resource Development Fund shall consist of:
181          (a) money appropriated to it by the Legislature;
182          (b) sales and use tax receipts transferred to the fund in accordance with Section

183     59-12-103;
184          (c) money received for the repayment of loans made from the fund;
185          (d) money made available to the state for agriculture resource development from any
186     source; and
187          (e) interest earned on the fund.
188          (3) The commission shall make loans from the Agriculture Resource Development
189     Fund as provided by Subsections 4-18-105(1)(e)(i) through [(v)] (iv).
190          (4) The commission may appoint an advisory board that shall:
191          (a) oversee the award process for loans, as described in this section;
192          (b) make recommendations to the commission regarding loans; and
193          (c) recommend the policies and procedures for the Agriculture Resource Development
194     Fund, consistent with statute.
195          Section 4. Section 4-38-3 is amended to read:
196          4-38-3. Utah Horse Racing Commission.
197          (1) (a) There is created within the Department the Utah Horse Racing Commission.
198          (b) (i) The commission shall consist of [five] seven members who shall be [U.S.]
199     United States citizens, Utah residents, and qualified voters of Utah.
200          (ii) Each member shall have an interest in horse racing.
201          (iii) Two members shall be chosen from horse racing organizations.
202          (c) (i) The governor shall appoint the members of the commission.
203          (ii) The governor shall appoint commission members from a list of nominees submitted
204     by the commissioner of agriculture and food.
205          (d) (i) The members of the commission shall be appointed to four-year terms.
206          (ii) A commission member may not serve more than two consecutive terms.
207          (e) Each member shall hold office until his or her successor is appointed and qualified.
208          (f) Vacancies on the commission shall be filled by appointment by the governor for the
209     unexpired term.
210          (g) (i) A member may be removed from office by the governor for cause after a public
211     hearing.
212          (ii) Notice of the hearing shall fix the time and place of the hearing and shall specify
213     the charges.

214          (iii) Copies of the notice of the hearing shall be served on the member by mailing it to
215     the member at his last known address at least 10 days before the date fixed for the hearing.
216          (iv) The governor may designate a hearing officer to preside over the hearing and
217     report his findings to the governor.
218          (2) (a) The members of the commission shall annually elect a commission chair.
219          (b) [Three] Five members of the commission shall constitute a quorum for the
220     transaction of any business of the commission.
221          (3) A member may not receive compensation or benefits for the member's service, but
222     may receive per diem and travel expenses in accordance with:
223          (a) Section 63A-3-106;
224          (b) Section 63A-3-107; and
225          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
226     63A-3-107.
227          (4) All claims and expenditures made under this chapter shall be first audited and
228     passed upon by the commission and when approved shall be paid in the manner provided by
229     law for payment of claims against the state.
230          (5) Any member of the commission who has a personal or private interest in any matter
231     proposed or pending before the commission shall publicly disclose this fact to the commission
232     and may not vote on the matter.
233          (6) Any member of the commission who owns or who has any interest or whose spouse
234     or member of his immediate family has any interest in a horse participating in a race shall
235     disclose that interest and may not participate in any commission decision involving that race.
236          Section 5. Section 4-39-104 is amended to read:
237          4-39-104. Domesticated Elk Act advisory council.
238          (1) The department shall establish [an] a Domesticated Elk Act advisory council to
239     give advice and make recommendations on policies and rules adopted pursuant to this chapter.
240          (2) The advisory council shall consist of [eight] nine members appointed by the
241     commissioner of agriculture to four-year terms as follows:
242          (a) [two members] one member, recommended by the executive director of the
243     Department of Natural Resources, shall represent the Department of Natural Resources;
244          (b) two members shall represent the Department of Agriculture, one of whom shall be

245     the state veterinarian;
246          (c) [two members] one member shall represent the livestock industry[, one of whom
247     shall represent the domesticated elk industry; and];
248          (d) [two members] one member, recommended by the executive director of the
249     Department of Natural Resources from a list of candidates submitted by the Division of
250     Wildlife Resources, shall represent wildlife interests[.];
251          (e) two members, recommended by the Department of Agriculture, shall represent the
252     interest of the hunting parks owners; and
253          (f) two members, recommended by the Department of Agriculture, shall represent the
254     domesticated elk industry.
255          (3) Notwithstanding the requirements of Subsection (2), the commissioner shall, at the
256     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
257     council members are staggered so that approximately half of the council is appointed every two
258     years.
259          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
260     appointed for the unexpired term.
261          (5) (a) A majority of the advisory council constitutes a quorum.
262          (b) A quorum is necessary for the council to act.
263          (6) A member may not receive compensation or benefits for the member's service, but
264     may receive per diem and travel expenses in accordance with:
265          (a) Section 63A-3-106;
266          (b) Section 63A-3-107; and
267          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
268     63A-3-107.
269          Section 6. Repealer.
270          This bill repeals:
271          Section 4-14-10, Pesticide Committee created -- Composition -- Terms --
272     Compensation -- Duties.

Legislative Review Note
Office of Legislative Research and General Counsel