Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 202 (2015GS)

Sponsor

Sen. Okerlund, R.

Final action

Governor Signed 3/26/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that the Department of Human Resource Management establish certain benefits and employee classifications for certain individuals hired by the Conservation Commission.

Every vote on this bill

Bill text

CONSERVATION COMMISSION EMPLOYEES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ralph Okerlund
House Sponsor: 
Melvin R. Brown
LONG TITLE
General Description:
This bill amends provisions relating to certain Conservation Commission employees.
Highlighted Provisions:
This bill:
▸ provides that the Department of Human Resource Management establish certain
benefits and employee classifications for certain individuals hired by the
Conservation Commission.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-18-105
, as last amended by Laws of Utah 2014, Chapter 383
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-18-105
 is amended to read:
4-18-105.
Conservation Commission -- Functions and duties.
(1) The commission shall:
(a) facilitate the development and implementation of the strategies and programs
necessary to:
(i) protect, conserve, utilize, and develop the soil, air, and water resources of the state;
and
(ii) promote the protection, integrity, and restoration of land for agricultural and other
beneficial purposes;
(b) disseminate information regarding districts' activities and programs;
(c) supervise the formation, reorganization, or dissolution of districts according to the
requirements of Title 17D, Chapter 3, Conservation District Act;
(d) prescribe uniform accounting and recordkeeping procedures for districts and
require each district to submit annually an audit of its funds to the commission;
(e) approve and make loans for agricultural purposes, through the advisory board
described in Section 
4-18-106
, from the Agriculture Resource Development Fund, for:
(i) rangeland improvement and management projects;
(ii) watershed protection and flood prevention projects;
(iii) agricultural cropland soil and water conservation projects;
(iv) programs designed to promote energy efficient farming practices;
(v) development and implementation of coordinated resource management plans, as
defined in Section 
4-18-103
, with conservation districts, as defined in Section 
17D-3-102
; and
(vi) programs or improvements for agriculture product storage or protections of a crop
or animal resource;
(f) administer federal or state funds, including loan funds under this chapter, in
accordance with applicable federal or state guidelines and make loans or grants from those
funds to land occupiers for:
(i) the conservation of soil or water resources;
(ii) maintenance of rangeland improvement projects; and
(iii) the control or eradication of noxious weeds and invasive plant species:
(A) in cooperation and coordination with local weed boards; and
(B) in accordance with Section 
4-2-8.7
;
(g) seek to coordinate soil and water protection, conservation, and development
activities and programs of state agencies, local governmental units, other states, special interest
groups, and federal agencies;
(h) plan watershed and flood control projects in cooperation with appropriate local,
state, and federal authorities, and coordinate flood control projects in the state;
(i) assist other state agencies with conservation standards for agriculture when
requested; and
(j) when assigned by the governor, when required by contract with the Department of
Environmental Quality, or when required by contract with the United States Environmental
Protection Agency:
(i) develop programs for the prevention, control, or abatement of new or existing
pollution to the soil, water, or air of the state;
(ii) advise, consult, and cooperate with affected parties to further the purpose of this
chapter;
(iii) conduct studies, investigations, research, and demonstrations relating to
agricultural pollution issues;
(iv) give reasonable consideration in the exercise of its powers and duties to the
economic impact on sustainable agriculture;
(v) meet the requirements of federal law related to water and air pollution in the
exercise of its powers and duties; and
(vi) establish administrative penalties relating to agricultural discharges as defined in
Section 
4-18-103
 that are proportional to the seriousness of the resulting environmental harm.
(2) The commission may:
(a) employ, with the approval of the department, an administrator and necessary
technical experts and employees;
(b) execute contracts or other instruments necessary to exercise its powers;
(c) take necessary action to promote and enforce the purpose and findings of Section
4-18-102
;
(d) sue and be sued; and
(e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, necessary to carry out the powers and duties described in Subsection (1) and
Subsections (2)(b) and (c).
(3) If, under Subsection (2)(a), the commission employs an individual who was
formerly an employee of a conservation district or the Utah Association of Conservation
Districts, the Department of Human Resource Management shall:
(a) recognize the employee's employment service credit from the conservation district
or association in determining leave accrual in the employee's new position within the state; and
(b) set the initial wage rate for the employee at the level that the employee was
receiving as an employee of the conservation district or association.
(4) An employee described in Subsection (3) is exempt from the career service
provisions of Title 67, Chapter 19, Utah State Personnel Management Act, and shall be
designated under schedule codes and parameters established by the Department of Human
Resource Management under Subsection 
67-19-15
(1)(p) until the commission, under
parameters established by the Department of Human Resource Management, designates the
employee under a different schedule recognized under Section 
67-19-15
.
(5) (a) For purposes of the report required by Subsection (5)(b), the commissioner shall
study the organizational structure of the employees described in Subsection (3).
(b) The commissioner shall report to the Natural Resources, Agriculture, and
Environmental Quality Appropriations Subcommittee by no later than that subcommittee's
November 2015 interim meeting regarding the study required by Subsection (5)(a).