7 LONG TITLE
8 General Description:
9 This bill addresses plant pest emergency control.
10 Highlighted Provisions:
11 This bill:
12 ▸ expands the scope of the insect infestation emergency control chapter;
13 ▸ modifies definitions;
14 ▸ addresses decision and action committees;
15 ▸ addresses commissioner's authority to address plant pest emergencies;
16 ▸ creates the Plant Pest Fund;
17 ▸ amends provisions related to recovery of costs from an owner or occupant; and
18 ▸ makes technical and conforming amendments.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 4-1-110, as renumbered and amended by Laws of Utah 2017, Chapter 345
26 4-35-101, as renumbered and amended by Laws of Utah 2017, Chapter 345
27 4-35-102, as renumbered and amended by Laws of Utah 2017, Chapter 345
28 4-35-103, as renumbered and amended by Laws of Utah 2017, Chapter 345
29 4-35-104, as renumbered and amended by Laws of Utah 2017, Chapter 345
30 4-35-105, as renumbered and amended by Laws of Utah 2017, Chapter 345
31 4-35-106, as renumbered and amended by Laws of Utah 2017, Chapter 345
32 4-35-107, as last amended by Laws of Utah 2019, Chapter 349
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 4-1-110 is amended to read:
36 4-1-110. Growing or storing food for personal or family use.
37 (1) As used in this section, "family food" means food owned by an individual that is
38 intended for the individual's consumption, or for consumption by members of the individual's
39 immediate family, that:
40 (a) is legal for human consumption;
41 (b) is lawfully possessed; and
42 (c) poses no risk:
43 (i) to health;
44 (ii) of spreading [
45 (iii) of spreading agricultural disease.
46 (2) Family food that is grown by an individual on the individual's property is not
47 subject to local or federal regulation if growth of the family food:
48 (a) does not negatively impact the rights of adjoining property owners; and
49 (b) complies with the food safety requirements of this title.
50 (3) A government entity may not confiscate family food described in Subsection (2) or
51 family food that is stored by the owner in the owner's home or dwelling.
52 (4) (a) If any provision of this section or the application of any provision of this section
53 to any person or circumstance is held invalid by a final decision of a court of competent
54 jurisdiction, the remainder of this section shall be given effect without the invalid provision or
56 (b) The provisions of this section are severable.
57 Section 2. Section 4-35-101 is amended to read:
59 4-35-101. Title.
60 This chapter is known as the "[
61 Section 3. Section 4-35-102 is amended to read:
62 4-35-102. Definitions.
63 As used in this chapter:
64 (1) "Committee" means the Decision and Action Committee created by [
66 (2) "Department" means the Department of Agriculture and Food.
67 (3) "Fund" means the Plant Pest Fund created by Section 4-35-106.
69 that the commissioner determines to be a threat to agriculture in the state as described in
70 Subsection 4-2-103(1)(k)(i).
71 Section 4. Section 4-35-103 is amended to read:
72 4-35-103. Decision and Action Committee created -- Members -- How appointed
73 -- Duties of committee -- Per diem and expenses allowed.
74 (1) (a) There is created the Decision and Action Committee that consists of not fewer
75 than six members.
76 (b) One member is the commissioner and one member is appointed to represent the
78 (c) The remaining members of the committee are appointed by the commissioner [
81 (d) The commissioner, or the commissioner's designee, shall cast the deciding vote in
82 the event of a tie.
83 (e) The committee is dissolved when the commissioner declares that the [
85 (f) Attendance of a majority of committee members at a meeting called of the
86 committee constitutes a quorum for the transaction of business.
87 (g) The committee is governed by Title 52, Chapter 4, Open and Public Meetings Act,
88 and Title 63G, Chapter 2, Government Records Access and Management Act.
89 (2) The committee shall[
95 (3) A member may not receive compensation or benefits for the member's service, but
96 may receive per diem and travel expenses in accordance with:
97 (a) Section 63A-3-106;
98 (b) Section 63A-3-107; and
99 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
101 Section 5. Section 4-35-104 is amended to read:
102 4-35-104. Commissioner to declare emergency -- Powers of commissioner in
104 (1) (a) The commissioner, with the consent of the governor, may declare that [
106 resources, and designate the area or areas affected.
107 (b) [
108 notification of the appropriate federal land manager.
109 (2) The commissioner is authorized, subject to [
110 to direct all emergency measures the [
111 alleviate the emergency condition.
112 (3) The commissioner shall:
113 (a) [
115 (b) enter into contracts for the acquisition, rental, or hire of equipment, services,
116 materials, and supplies;
117 (c) accept assistance, services, and facilities offered by federal and local governmental
118 units or private agencies; and
119 (d) accept on behalf of the state the provisions and benefits of acts of Congress
120 designated to provide assistance.
121 Section 6. Section 4-35-105 is amended to read:
122 4-35-105. Commissioner to act upon declaration of a plant pest emergency.
123 (1) The commissioner initiates operations to control [
124 in the designated area or [
127 (2) The commissioner and the members of the committee may suspend or terminate
128 control operations upon a determination that the operations will not significantly reduce the
130 Section 7. Section 4-35-106 is amended to read:
131 4-35-106. Plant Pest Fund.
135 (1) There is created an expendable special revenue fund known as the "Plant Pest
137 (2) The fund is funded from:
138 (a) money the plant industry division within the department receives under this title;
139 (b) the landowner's and lessee's share of costs, if required by rule made by the
140 department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
141 (c) appropriations from the Legislature;
142 (d) federal money deposited into the fund; and
143 (e) the interest and earnings on the fund.
144 (3) The department may only use money in the fund to fund survey, detection,
145 eradication, or suppression efforts for plant pests with the exception designated in Subsection
147 (4) The department may annually use an amount not to exceed the lesser of the
148 following to carry out the department's duties under this chapter:
149 (a) 10% of the fund annually; or
150 (b) $300,000.
151 (5) (a) The fund may not exceed $10,000,000 of money deposited under Subsections
152 (2)(a), (c), and (e).
153 (b) The Division of Finance shall transfer the money described in Subsection (5)(a) in
154 excess of $10,000,000 at the end of a fiscal year into the General Fund.
155 (6) Federal money deposited into the fund shall be accounted for separately.
157 the United States Department of Agriculture[
158 suppression efforts of plant pests.
161 Section 8. Section 4-35-107 is amended to read:
162 4-35-107. Notice to owner or occupant -- Corrective action required -- Directive
163 issued by department -- Costs -- Owner or occupant may prohibit treatment.
164 (1) The department or an authorized agent of the department shall notify the owner or
165 occupant of the problem and the available alternatives to remedy the problem. The owner or
166 occupant shall take corrective action within 30 days.
167 (2) (a) If the owner or occupant fails to take corrective action under Subsection (1), the
168 department may issue a directive for corrective action [
170 (b) If the owner or occupant fails to act within the required time, the department shall
171 take the necessary action.
172 (c) The department may recover full or partial costs incurred for controlling [
174 property corrective action was taken. The amount of costs to be recovered is at the
175 department's sole discretion.
176 (3) (a) [
177 treatment by presenting an affidavit from the owner's or occupant's attending physician or
178 physician assistant to the department [
179 danger to the owner's or occupant's health.
180 (b) The department shall provide the owner or occupant with alternatives to treatment