1     
AGRICULTURAL ADVISORY BOARD AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Casey Snider

5     
Senate Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the Agricultural Advisory Board.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses membership of the Agricultural Advisory Board;
13          ▸     changes frequency of meetings of the Agricultural Advisory Board;
14          ▸     modifies the duties of the Agricultural Advisory Board;
15          ▸     creates an executive committee of the Agricultural Advisory Board, including
16     addressing membership, terms, quorum, chair, and duties;
17          ▸     transfers certain duties of the Agricultural Advisory Board to the executive
18     committee; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          4-2-108, as last amended by Laws of Utah 2018, Chapter 132
27          4-2-502, as last amended by Laws of Utah 2017, Chapter 345
28          4-2-503, as last amended by Laws of Utah 2017, Chapter 345
29          4-2-504, as last amended by Laws of Utah 2017, Chapter 345
30          4-17-104, as renumbered and amended by Laws of Utah 2017, Chapter 345
31          4-19-104, as renumbered and amended by Laws of Utah 2017, Chapter 345
32          73-20-2, as last amended by Laws of Utah 2017, Chapter 345
33          73-20-4, as enacted by Laws of Utah 1977, First Special Session, Chapter 6
34          73-20-5, as enacted by Laws of Utah 1977, First Special Session, Chapter 6
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 4-2-108 is amended to read:
38          4-2-108. Agricultural Advisory Board created -- Composition -- Responsibility --
39     Terms of office -- Compensation -- Executive committee.
40          [(1) There is created the Agricultural Advisory Board composed of 21 members, with
41     each member representing one of the following:]
42          [(a) Utah Farm Bureau Federation;]
43          [(b) Utah Farmers Union;]
44          [(c) Utah Cattlemen's Association;]
45          [(d) Utah Wool Growers Association;]
46          [(e) Utah Dairymen's Association;]
47          [(f) Utah Pork Producers Association;]
48          [(g) egg and poultry producers;]
49          [(h) Utah Veterinary Medical Association;]
50          [(i) Livestock Auction Marketing Association;]
51          [(j) Utah Association of Conservation Districts;]
52          [(k) the Utah horse industry;]
53          [(l) the food processing industry;]
54          [(m) the fruit and vegetable industry;]
55          [(n) the turkey industry;]
56          [(o) manufacturers of food supplements;]
57          [(p) a consumer affairs group;]
58          [(q) dean of the College of Agriculture and Applied Science and vice president of
59     extension from Utah State University;]
60          [(r) urban and small farmers;]
61          [(s) Utah Elk Breeders Association;]
62          [(t) Utah Beekeepers Association; and]
63          [(u) Utah Fur Breeders Association.]
64          (1) There is created the Agricultural Advisory Board composed of the following 21
65     members:
66          (a) the dean of the College of Agriculture and Applied Science from Utah State
67     University; and
68          (b) the following appointed by commissioner:
69          (i) two representatives of associations representing interests of farmers, selected from a
70     list of nominees submitted by at least two associations representing farmers;
71          (ii) a representative of an association representing cattlemen, selected from a list of
72     nominees submitted by at least one association representing cattlemen;
73          (iii) one representative of an association representing wool growers, selected from a list
74     of nominees submitted by at least one association representing wool growers;
75          (iv) one representative of an association representing dairies, selected from a list of
76     nominees submitted by at least one association representing dairies;
77          (v) one representative of an association representing pork producers, selected from a
78     list of nominees submitted by at least one association representing pork producers;
79          (vi) one representative of egg and poultry producers;
80          (vii) one representative of an association representing veterinarians, selected from a list
81     of nominees submitted by at least one association representing veterinarians;
82          (viii) one representative of an association representing livestock auctions, selected
83     from a list of nominees submitted by at least one association representing livestock auctions;
84          (ix) one representative of an association representing conservation districts, selected
85     from a list of nominees submitted by at least one association representing conservation
86     districts;
87          (x) one representative of the Utah horse industry;
88          (xi) one representative of the food processing industry;
89          (xii) one representative of the fruit and vegetable industry;
90          (xiii) one representative of the turkey industry;
91          (xiv) one representative of manufacturers of food supplements;
92          (xv) one representative of a consumer affairs group;
93          (xvi) one representative of urban and small farmers;
94          (xvii) one representative of an association representing elk breeders, selected from a
95     list of nominees submitted by at least one association representing elk breeders;
96          (xviii) one representative of an association representing beekeepers, selected from a list
97     of nominees submitted by at least one association representing beekeepers; and
98          (xix) one representative of fur breeders, selected from a list of nominees submitted by
99     at least one association representing fur breeders.
100          (2) The Agricultural Advisory Board shall:
101          (a) advise the commissioner regarding:
102          (i) the planning, implementation, and administration of the department's programs; and
103          (ii) the establishment of standards governing the care of livestock and poultry,
104     including consideration of:
105          (A) food safety;
106          (B) local availability and affordability of food; and
107          (C) acceptable practices for livestock and farm management; and
108          [(b) fulfill the duties described in Title 4, Chapter 2, Part 5, Horse Tripping Awareness;
109     and]
110          [(c)] (b) adopt best management practices for sheep, swine, cattle, and poultry
111     industries in the state.
112          (3) The Agricultural Advisory Board may adopt best management practices for
113     domesticated elk, mink, apiaries, and other agricultural industries in the state.
114          (4) For purposes of this section, "best management practices" means practices used by
115     agriculture in the production of food and fiber that are commonly accepted practices, or that are
116     at least as effective as commonly accepted practices, and that:
117          (a) protect the environment;
118          (b) protect human health; and
119          (c) promote the financial viability of agricultural production.
120          (5) (a) Except as required by Subsection (1)(a) or (5)[(c)](b), members of the
121     Agricultural Advisory Board are appointed by the commissioner to four-year terms of office.
122          [(b) The commissioner shall appoint representatives of the organizations cited in
123     Subsections (1)(a) through (h) to the Agricultural Advisory Board from a list of nominees
124     submitted by each organization.]
125          [(c)] (b) Notwithstanding the requirements of Subsection (5)(a), the commissioner
126     shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
127     terms of board members are staggered so that approximately half of the board is appointed
128     every two years.
129          [(d) Members] (c) A member may be removed at the discretion of the commissioner
130     upon the request of the group [they represent] the member represents.
131          [(e)] (d) When a vacancy occurs in the membership for any reason, the [replacement
132     shall be appointed] commissioner shall appoint a replacement for the unexpired term.
133          (6) The [board] Agricultural Advisory Board shall elect one member to serve as chair
134     of the Agricultural Advisory Board for a term of one year.
135          (7) (a) The [board] Agricultural Advisory Board shall meet [four times annually] twice
136     a year, but may meet more often at the discretion of the chair.
137          (b) Attendance of 11 members at a duly called meeting of the Agricultural Advisory
138     Board constitutes a quorum for the transaction of official business.
139          (8) A member of the Agricultural Advisory Board may not receive compensation or
140     benefits for the member's service, but may receive per diem and travel expenses in accordance
141     with:
142          (a) Section 63A-3-106;
143          (b) Section 63A-3-107; and
144          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
145     63A-3-107.
146          (9) (a) There is created an executive committee of the Agricultural Advisory Board
147     consisting of the following seven members selected from members of the Agricultural
148     Advisory Board:
149          (i) the two representatives appointed under Subsection (1)(b)(i);
150          (ii) the representative appointed under Subsection (1)(b)(ix); and
151          (iii) four members selected from the Agricultural Advisory Board as follows:
152          (A) for the initial members of the executive committee, by the commissioner; and
153          (B) after the initial members of the executive committee are selected, by the executive
154     committee.
155          (b) (i) A member of the executive committee shall serve a term of four years on the
156     executive committee.
157          (ii) A member of the executive committee may serve for more than one term on the
158     executive committee.
159          (iii) When a vacancy occurs in the membership of the executive committee for any
160     reason, the replacement shall be selected in the same manner as under Subsection (9)(a) and for
161     the unexpired term.
162          (c) Four members of the executive committee constitute a quorum and an action of the
163     majority present when a quorum is present is action by the executive committee.
164          (d) The executive committee shall annually select a chair of the executive committee.
165          (e) The executive committee shall meet at least quarterly, except that the chair of the
166     executive committee may call the executive committee for additional meetings.
167          (f) The executive committee shall:
168          (i) recommend to the department fees to be imposed under this title;
169          (ii) accept public comment received under this title; and
170          (iii) carry out the responsibilities assigned to the executive committee by statute.
171          Section 2. Section 4-2-502 is amended to read:
172          4-2-502. Definitions.
173          As used in this part:
174          (1) "Board executive committee" means the executive committee of the Agricultural
175     Advisory Board created in Section 4-2-108.
176          (2) "Horse event" means an event in which horses are roped or tripped for the purpose
177     of a specific event or contest.
178          (3) (a) "Horse tripping" means the lassoing or roping of the legs of an equine, or
179     otherwise tripping or causing an equine to fall by any means, for the purpose of entertainment,
180     sport, or contest, or practice for entertainment, sport, or contest.
181          (b) "Horse tripping" does not include accepted animal husbandry practices, customary
182     farming practices, or commonly accepted practices occurring in conjunction with a sanctioned
183     rodeo, animal race, or pulling contest.
184          Section 3. Section 4-2-503 is amended to read:
185          4-2-503. Event reporting requirements.
186          (1) The owner of a venue holding a horse event shall:
187          (a) at least 30 days before the day on which the horse event is to be held, notify the
188     board executive committee of the date, time, and name of the horse event; and
189          (b) no later than 30 days after the day on which the horse event is held, notify the board
190     executive committee of:
191          (i) the number and type of competitions held at the horse event;
192          (ii) the number of horses used;
193          (iii) whether horse tripping occurred, and if so how many horses were used in horse
194     tripping and how many times each horse was tripped; and
195          (iv) whether a veterinarian was called during the horse event, and if so:
196          (A) the name and contact information of the veterinarian;
197          (B) the outcome of the veterinarian's examination of a horse; and
198          (C) [all] the veterinarian charges incurred.
199          (2) (a) The department shall compile [all] the reports received pursuant to Subsection
200     (1) and provide the information to the board executive committee.
201          (b) The board executive committee shall, at a meeting described in Subsection
202     4-2-108[(5)(a)](9):
203          (i) review the information described in Subsection (2)(a); and
204          (ii) if necessary, make recommendations for rules or legislation designed to prohibit
205     horse tripping.
206          (3) The department shall fine the owner of a venue that fails to fulfill the duties
207     described in Subsection (1) $500 per violation.
208          (4) The department, in consultation with the board executive committee, shall make
209     rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as
210     necessary to enforce this part.
211          Section 4. Section 4-2-504 is amended to read:
212          4-2-504. Horse tripping education -- Reporting requirements.
213          The department, in conjunction with the board executive committee, shall:
214          (1) send a letter, annually, to venues that host horse events:
215          (a) outlining the reporting requirements of Section 4-2-503; and
216          (b) providing educational information on the negative effects of horse tripping; and
217          (2) promote, as funding allows, policies regarding the safety and welfare of horses
218     involved in horse events, such as horse roping and horse tripping.
219          Section 5. Section 4-17-104 is amended to read:
220          4-17-104. Creation of State Weed Committee -- Membership -- Powers and duties
221     -- Expenses.
222          (1) There is created a State Weed Committee composed of eight members, with each
223     member representing one of the following:
224          (a) the Department of Agriculture and Food;
225          (b) the Department of Natural Resources;
226          (c) the Utah State University Agricultural Experiment Station;
227          (d) the Utah State University Extension Service;
228          (e) the Utah Association of Counties;
229          (f) private agricultural industry;
230          (g) the Utah Weed Control Association; and
231          (h) the Utah Weed Supervisors Association.
232          (2) The commissioner shall select the members of the committee from those nominated
233     by each of the respective groups or agencies following approval by the executive committee of
234     the Agricultural Advisory Board.
235          (3) (a) Except as required by Subsection (3)(b), as terms of current committee members
236     expire, the commissioner shall appoint each new member or reappointed member to a four-year
237     term.
238          (b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
239     the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
240     committee members are staggered so that approximately half of the committee is appointed
241     every two years.
242          (4) (a) Members may be removed by the commissioner for cause.
243          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
244     appointed for the unexpired term.
245          (5) The State Weed Committee shall:
246          (a) confer and advise on matters pertaining to the planning, implementation, and
247     administration of the state noxious weed program;
248          (b) recommend names for membership on the committee; and
249          (c) serve as members of the executive committee of the Utah Weed Control
250     Association.
251          (6) A member may not receive compensation or benefits for the member's service, but
252     may receive per diem and travel expenses in accordance with:
253          (a) Section 63A-3-106;
254          (b) Section 63A-3-107; and
255          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
256     63A-3-107.
257          Section 6. Section 4-19-104 is amended to read:
258          4-19-104. Loans -- Not to exceed period of 10 years -- Agricultural Advisory
259     Board executive committee to approve loans and renewals, methods of payments, and
260     interest rates -- Guidelines in fixing interest rates declared.
261          (1) The department may not make a loan authorized under this chapter for a period to
262     exceed 10 years, but the loan is renewable.
263          (2) Except as provided in Subsection (5), the Agricultural Advisory Board executive
264     committee created in Section 4-2-108 shall approve:
265          (a) [all] loans and renewals;
266          (b) the methods of repayment; and
267          (c) the interest rates charged.
268          (3) In fixing interest rates, the Agricultural Advisory Board executive committee shall
269     consider:
270          (a) the current applicable interest rate or rates being charged by the USDA Farm
271     Service Agency on similar loans;
272          (b) the current prime rate charged by leading lending institutions; and
273          (c) any other pertinent economic data.
274          (4) The interest rates established shall be compatible with guidelines stated in this
275     section.
276          (5) The Agricultural Advisory Board executive committee may create a subcommittee
277     from the [board's] Agricultural Advisory Board membership to approve a loan or renewal
278     under this section.
279          Section 7. Section 73-20-2 is amended to read:
280          73-20-2. Definitions.
281          As used in this chapter:
282          (1) "Advisory board executive committee" means the executive committee of the
283     Agricultural Advisory Board created by Section 4-2-108.
284          (2) "Basic livestock" means a herd of cattle, sheep, or swine kept and maintained
285     primarily for breeding purposes.
286          (3) "Board" means the Board of Water Resources created by Section 73-10-1.5.
287          (4) "Commercial farm" means a tract or tracts of land with or without improvements
288     recognized as a farm or ranch in this state which is owned and operated or leased and operated
289     by the applicant, and used in the production and raising of basic livestock.
290          (5) "Farmer" means any person who owns and operates or leases and operates a
291     commercial farm in this state, and includes individuals, partnerships and corporations.
292          Section 8. Section 73-20-4 is amended to read:
293          73-20-4. Qualification for financial assistance.
294          To qualify for financial assistance under this act the farmer shall:
295          (1) make written original application to the advisory board executive committee and to
296     the board on forms prescribed by the board in conjunction with the advisory board executive
297     committee;
298          (2) own or hold under lease a commercial farm which contributed more than one-half
299     of the farmer's or rancher's gross income from all income sources for the taxable year 1976; and
300          (3) comply with any condition imposed by the board for financial assistance pursuant
301     to authority granted the board under Section 73-20-3.
302          Section 9. Section 73-20-5 is amended to read:
303          73-20-5. Consultation with the executive committee of the Agricultural Advisory
304     Board.
305          The board, before making any expenditure of emergency funds appropriated under this
306     [act] chapter, shall consult with and receive the advice of the advisory board executive
307     committee with respect to the demonstrated need for financial assistance in the form of the
308     development of a water resource.