Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 398 (2020GS)

Sponsor

Rep. Owens, D.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• expands the scope of the insect infestation emergency control chapter;
• modifies definitions;
• addresses decision and action committees;
• addresses commissioner's authority to address plant pest emergencies;
• creates the Plant Pest Fund;
• amends provisions related to recovery of costs from an owner or occupant; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

PLANT PEST EMERGENCY CONTROL
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
Senate Sponsor: 
Ralph Okerlund
LONG TITLE
General Description:
This bill addresses plant pest emergency control.
Highlighted Provisions:
This bill:
▸ expands the scope of the insect infestation emergency control chapter;
▸ modifies definitions;
▸ addresses decision and action committees;
▸ addresses commissioner's authority to address plant pest emergencies;
▸ creates the Plant Pest Fund;
▸ amends provisions related to recovery of costs from an owner or occupant; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-1-110
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-35-101
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-35-102
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-35-103
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-35-104
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-35-105
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-35-106
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-35-107
, as last amended by Laws of Utah 2019, Chapter 349
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-1-110
 is amended to read:
4-1-110.
Growing or storing food for personal or family use.
(1) As used in this section, "family food" means food owned by an individual that is
intended for the individual's consumption, or for consumption by members of the individual's
immediate family, that:
(a) is legal for human consumption;
(b) is lawfully possessed; and
(c) poses no risk:
(i) to health;
(ii) of spreading [
insect
] 
plant pest
 infestation; or
(iii) of spreading agricultural disease.
(2) Family food that is grown by an individual on the individual's property is not
subject to local or federal regulation if growth of the family food:
(a) does not negatively impact the rights of adjoining property owners; and
(b) complies with the food safety requirements of this title.
(3) A government entity may not confiscate family food described in Subsection (2) or
family food that is stored by the owner in the owner's home or dwelling.
(4) (a) If any provision of this section or the application of any provision of this section
to any person or circumstance is held invalid by a final decision of a court of competent
jurisdiction, the remainder of this section shall be given effect without the invalid provision or
application.
(b) The provisions of this section are severable.
Section 2. Section 
4-35-101
 is amended to read:
CHAPTER 35. PLANT PEST EMERGENCY CONTROL ACT
4-35-101.
Title.
This chapter is known as the "[
Insect Infestation
] 
Plant Pest
 Emergency Control Act."
Section 3. Section 
4-35-102
 is amended to read:
4-35-102.
Definitions.
As used in this chapter:
(1) "Committee" means the Decision and Action Committee created by [
and
established under
] this chapter.
(2) "Department" means the Department of Agriculture and Food.
(3) "Fund" means the Plant Pest Fund created by Section 
4-35-106
.
[
(3)
] 
(4)
 [
"Insect
] 
"Plant pest
" means [
any animal in the class insect
] 
a biological agent
that the commissioner determines to be a threat to agriculture in the state 
as described in
Subsection 
4-2-103
(1)(k)(i)
.
Section 4. Section 
4-35-103
 is amended to read:
4-35-103.
Decision and Action Committee created -- Members -- How appointed
-- Duties of committee -- Per diem and expenses allowed.
(1) (a) There is created the Decision and Action Committee that consists of not fewer
than six members.
(b) One member is the commissioner and one member is appointed to represent the
department.
(c) The remaining members of the committee are appointed by the commissioner [
on
an ad hoc basis
] as necessary from persons directly affected by and involved in the current
[
insect infestation
] 
plant pest
 emergency.
(d) The commissioner, or the commissioner's designee, shall cast the deciding vote in
the event of a tie.
(e) The committee is dissolved when the commissioner declares that the [
insect
infestation
] 
plant pest
 emergency is over.
(f) Attendance of a majority of committee members at a meeting called of the
committee constitutes a quorum for the transaction of business.
(g) The committee is governed by Title 52, Chapter 4, Open and Public Meetings Act,
and Title 63G, Chapter 2, Government Records Access and Management Act.
(2) The committee shall[
: (a)
] establish a system of priorities for [
any insect
infestation
] 
a plant pest
 emergency[
; and
]
.
[
(b) certify to the commissioner any area which requires the establishment of an insect
control district in areas of infestation and in which a simple majority of the landowners and
lessees whose total production exceeds 50% of the production in that area has agreed to pay
proportionate shares of the costs of controlling the insects infesting the area.
]
(3) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 5. Section 
4-35-104
 is amended to read:
4-35-104.
Commissioner to declare emergency -- Powers of commissioner in
emergency.
(1) (a) The commissioner, with the consent of the governor, may declare that [
an insect
infestation
] 
a plant pest
 emergency situation exists [
which
] 
that
 jeopardizes property and
resources, and designate the area or areas affected.
(b) [
The
] 
An
 area referred to in Subsection (1)(a) may include federal lands, after
notification of the appropriate federal land manager.
(2) The commissioner is authorized, subject to [
the requirements of
] Section 
4-35-105
,
to direct all emergency measures the [
commission
] 
commissioner
 considers necessary to
alleviate the emergency condition.
(3) The commissioner shall:
(a) [
utilize
] 
use
 equipment, supplies, facilities, personnel, and other available
resources;
(b) enter into contracts for the acquisition, rental, or hire of equipment, services,
materials, and supplies;
(c) accept assistance, services, and facilities offered by federal and local governmental
units or private agencies; and
(d) accept on behalf of the state the provisions and benefits of acts of Congress
designated to provide assistance.
Section 6. Section 
4-35-105
 is amended to read:
4-35-105.
Commissioner to act upon declaration of a plant pest emergency.
(1) The commissioner initiates operations to control [
the insect infestation
] 
a plant pest
in the designated area or [
areas: (a)
] upon declaration of an infestation emergency[
, as
described in Section 
4-35-104
; and
]
.
[
(b) upon deposit of the owner's and lessee's projected proportionate share of the costs.
]
(2) The commissioner and the members of the committee may suspend or terminate
control operations upon a determination that the operations will not significantly reduce the
[
insect
] 
plant pest
 population in the designated emergency area.
Section 7. Section 
4-35-106
 is amended to read:
4-35-106.
Plant Pest Fund.
[
(1) All money received by the state under this chapter is deposited by the Department
of Agriculture and Food as dedicated credits for the purpose of insect control with the state.
]
[
(2) The dedicated credits may be used as matching funds for:
]
(1) There is created an expendable special revenue fund known as the "Plant Pest
Fund."
(2) The fund is funded from:
(a) money the plant industry division within the department receives under this title;
(b) the landowner's and lessee's share of costs, if required by rule made by the
department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(c) appropriations from the Legislature;
(d) federal money deposited into the fund; and
(e) the interest and earnings on the fund.
(3) The department may only use money in the fund to fund survey, detection,
eradication, or suppression efforts for plant pests with the exception designated in Subsection
(4).
(4) The department may annually use an amount not to exceed the lesser of the
following to carry out the department's duties under this chapter:
(a) 10% of the fund annually; or
(b) $300,000.
(5) (a) The fund may not exceed $10,000,000 of money deposited under Subsections
(2)(a), (c), and (e).
(b) The Division of Finance shall transfer the money described in Subsection (5)(a) in
excess of $10,000,000 at the end of a fiscal year into the General Fund.
(6) Federal money deposited into the fund shall be accounted for separately.
[
(a)
] 
(7) Fund money may be used as matching funds for
 participation in programs of
the United States Department of Agriculture[
; and
] 
for survey, detection, eradication, or
suppression efforts of plant pests.
[
(b) in contracts with private property owners who own croplands contiguous to
infested public rangelands.
]
Section 8. Section 
4-35-107
 is amended to read:
4-35-107.
Notice to owner or occupant -- Corrective action required -- Directive
issued by department -- Costs -- Owner or occupant may prohibit treatment.
(1) The department or an authorized agent of the department shall notify the owner or
occupant of the problem and the available alternatives to remedy the problem. The owner or
occupant shall take corrective action within 30 days.
(2) (a) If the owner or occupant fails to take corrective action under Subsection (1), the
department may issue a directive for corrective action [
which
] 
that
 shall be taken within 15
days.
(b) If the owner or occupant fails to act within the required time, the department shall
take the necessary action.
(c) The department may recover 
full or partial
 costs incurred for controlling [
an insect
infestation
] 
a plant pest
 emergency from the owner or occupant of the property on whose
property corrective action was taken. 
The amount of costs to be recovered is at the
department's sole discretion.
(3) (a) [
Owners or occupants
] 
An owner or occupant
 of property may prohibit
treatment by presenting an affidavit from the owner's or occupant's attending physician or
physician assistant to the department [
which
] 
that
 states that the treatment as planned is a
danger to the owner's or occupant's health.
(b) The department shall provide the owner or occupant with alternatives to treatment
[
which
] 
that
 will abate the [
infestation
] 
plant pest
.