Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 163 (2021GS)

Sponsor

Rep. Snider, C.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• addresses membership of the Agricultural Advisory Board;
• changes frequency of meetings of the Agricultural Advisory Board;
• modifies the duties of the Agricultural Advisory Board;
• creates an executive committee of the Agricultural Advisory Board, including addressing membership, terms, quorum, chair, and duties;
• transfers certain duties of the Agricultural Advisory Board to the executive committee; and
• makes technical changes.

Every vote on this bill

Bill text

AGRICULTURAL ADVISORY BOARD AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: 
Scott D. Sandall
LONG TITLE
General Description:
This bill modifies provisions related to the Agricultural Advisory Board.
Highlighted Provisions:
This bill:
▸ addresses membership of the Agricultural Advisory Board;
▸ changes frequency of meetings of the Agricultural Advisory Board;
▸ modifies the duties of the Agricultural Advisory Board;
▸ creates an executive committee of the Agricultural Advisory Board, including
addressing membership, terms, quorum, chair, and duties;
▸ transfers certain duties of the Agricultural Advisory Board to the executive
committee; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-2-108
, as last amended by Laws of Utah 2018, Chapter 132
4-2-502
, as last amended by Laws of Utah 2017, Chapter 345
4-2-503
, as last amended by Laws of Utah 2017, Chapter 345
4-2-504
, as last amended by Laws of Utah 2017, Chapter 345
4-17-104
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-19-104
, as renumbered and amended by Laws of Utah 2017, Chapter 345
73-20-2
, as last amended by Laws of Utah 2017, Chapter 345
73-20-4
, as enacted by Laws of Utah 1977, First Special Session, Chapter 6
73-20-5
, as enacted by Laws of Utah 1977, First Special Session, Chapter 6
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-2-108
 is amended to read:
4-2-108.
Agricultural Advisory Board created -- Composition -- Responsibility --
Terms of office -- Compensation -- Executive committee.
[
(1) There is created the Agricultural Advisory Board composed of 21 members, with
each member representing one of the following:
]
[
(a) Utah Farm Bureau Federation;
]
[
(b) Utah Farmers Union;
]
[
(c) Utah Cattlemen's Association;
]
[
(d) Utah Wool Growers Association;
]
[
(e) Utah Dairymen's Association;
]
[
(f) Utah Pork Producers Association;
]
[
(g) egg and poultry producers;
]
[
(h) Utah Veterinary Medical Association;
]
[
(i) Livestock Auction Marketing Association;
]
[
(j) Utah Association of Conservation Districts;
]
[
(k) the Utah horse industry;
]
[
(l) the food processing industry;
]
[
(m) the fruit and vegetable industry;
]
[
(n) the turkey industry;
]
[
(o) manufacturers of food supplements;
]
[
(p) a consumer affairs group;
]
[
(q) dean of the College of Agriculture and Applied Science and vice president of
extension from Utah State University;
]
[
(r) urban and small farmers;
]
[
(s) Utah Elk Breeders Association;
]
[
(t) Utah Beekeepers Association; and
]
[
(u) Utah Fur Breeders Association.
]
(1) There is created the Agricultural Advisory Board composed of the following 21
members:
(a) the dean of the College of Agriculture and Applied Science from Utah State
University; and
(b) the following appointed by commissioner:
(i) two representatives of associations representing interests of farmers, selected from a
list of nominees submitted by at least two associations representing farmers;
(ii) a representative of an association representing cattlemen, selected from a list of
nominees submitted by at least one association representing cattlemen;
(iii) one representative of an association representing wool growers, selected from a list
of nominees submitted by at least one association representing wool growers;
(iv) one representative of an association representing dairies, selected from a list of
nominees submitted by at least one association representing dairies;
(v) one representative of an association representing pork producers, selected from a
list of nominees submitted by at least one association representing pork producers;
(vi) one representative of egg and poultry producers;
(vii) one representative of an association representing veterinarians, selected from a list
of nominees submitted by at least one association representing veterinarians;
(viii) one representative of an association representing livestock auctions, selected
from a list of nominees submitted by at least one association representing livestock auctions;
(ix) one representative of an association representing conservation districts, selected
from a list of nominees submitted by at least one association representing conservation
districts;
(x) one representative of the Utah horse industry;
(xi) one representative of the food processing industry;
(xii) one representative of the fruit and vegetable industry;
(xiii) one representative of the turkey industry;
(xiv) one representative of manufacturers of food supplements;
(xv) one representative of a consumer affairs group;
(xvi) one representative of urban and small farmers;
(xvii) one representative of an association representing elk breeders, selected from a
list of nominees submitted by at least one association representing elk breeders;
(xviii) one representative of an association representing beekeepers, selected from a list
of nominees submitted by at least one association representing beekeepers; and
(xix) one representative of fur breeders, selected from a list of nominees submitted by
at least one association representing fur breeders.
(2) The Agricultural Advisory Board shall:
(a) advise the commissioner regarding:
(i) the planning, implementation, and administration of the department's programs; and
(ii) the establishment of standards governing the care of livestock and poultry,
including consideration of:
(A) food safety;
(B) local availability and affordability of food; and
(C) acceptable practices for livestock and farm management; 
and
[
(b) fulfill the duties described in Title 4, Chapter 2, Part 5, Horse Tripping Awareness;
and
]
[
(c)
] 
(b)
 adopt best management practices for sheep, swine, cattle, and poultry
industries in the state.
(3) The Agricultural Advisory Board may adopt best management practices for
domesticated elk, mink, apiaries, and other agricultural industries in the state.
(4) For purposes of this section, "best management practices" means practices used by
agriculture in the production of food and fiber that are commonly accepted practices, or that are
at least as effective as commonly accepted practices, and that:
(a) protect the environment;
(b) protect human health; and
(c) promote the financial viability of agricultural production.
(5) (a) Except as required by Subsection 
(1)(a) or
 (5)[
(c)
]
(b)
, members 
of the
Agricultural Advisory Board
 are appointed by the commissioner to four-year terms of office.
[
(b) The commissioner shall appoint representatives of the organizations cited in
Subsections (1)(a) through (h) to the Agricultural Advisory Board from a list of nominees
submitted by each organization.
]
[
(c)
] 
(b)
 Notwithstanding the requirements of Subsection (5)(a), the commissioner
shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
terms of board members are staggered so that approximately half of the board is appointed
every two years.
[
(d) Members
] 
(c) A member
 may be removed at the discretion of the commissioner
upon the request of the group [
they represent
] 
the member represents
.
[
(e)
] 
(d)
 When a vacancy occurs in the membership for any reason, the [
replacement
shall be appointed
] 
commissioner shall appoint a replacement
 for the unexpired term.
(6) The [
board
] 
Agricultural Advisory Board
 shall elect one member to serve as chair
of the Agricultural Advisory Board for a term of one year.
(7) (a) The [
board
] 
Agricultural Advisory Board
 shall meet [
four times annually
] 
twice
a year
, but may meet more often at the discretion of the chair.
(b) Attendance of 11 members at a duly called meeting 
of the Agricultural Advisory
Board
 constitutes a quorum for the transaction of official business.
(8) A member 
of the Agricultural Advisory Board
 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
.
(9) (a) There is created an executive committee of the Agricultural Advisory Board
consisting of the following seven members selected from members of the Agricultural
Advisory Board:
(i) the two representatives appointed under Subsection (1)(b)(i);
(ii) the representative appointed under Subsection (1)(b)(ix); and
(iii) four members selected from the Agricultural Advisory Board as follows:
(A) for the initial members of the executive committee, by the commissioner; and
(B) after the initial members of the executive committee are selected, by the executive
committee.
(b) (i) A member of the executive committee shall serve a term of four years on the
executive committee.
(ii) A member of the executive committee may serve for more than one term on the
executive committee.
(iii) When a vacancy occurs in the membership of the executive committee for any
reason, the replacement shall be selected in the same manner as under Subsection (9)(a) and for
the unexpired term.
(c) Four members of the executive committee constitute a quorum and an action of the
majority present when a quorum is present is action by the executive committee.
(d) The executive committee shall annually select a chair of the executive committee.
(e) The executive committee shall meet at least quarterly, except that the chair of the
executive committee may call the executive committee for additional meetings.
(f) The executive committee shall:
(i) recommend to the department fees to be imposed under this title;
(ii) accept public comment received under this title; and
(iii) carry out the responsibilities assigned to the executive committee by statute.
Section 2. Section 
4-2-502
 is amended to read:
4-2-502.
Definitions.
As used in this part:
(1) "Board 
executive committee
" means the 
executive committee of the
 Agricultural
Advisory Board created in Section 
4-2-108
.
(2) "Horse event" means an event in which horses are roped or tripped for the purpose
of a specific event or contest.
(3) (a) "Horse tripping" means the lassoing or roping of the legs of an equine, or
otherwise tripping or causing an equine to fall by any means, for the purpose of entertainment,
sport, or contest, or practice for entertainment, sport, or contest.
(b) "Horse tripping" does not include accepted animal husbandry practices, customary
farming practices, or commonly accepted practices occurring in conjunction with a sanctioned
rodeo, animal race, or pulling contest.
Section 3. Section 
4-2-503
 is amended to read:
4-2-503.
Event reporting requirements.
(1) The owner of a venue holding a horse event shall:
(a) at least 30 days before the day on which the horse event is to be held, notify the
board 
executive committee
 of the date, time, and name of the horse event; and
(b) no later than 30 days after the day on which the horse event is held, notify the board
executive committee
 of:
(i) the number and type of competitions held at the horse event;
(ii) the number of horses used;
(iii) whether horse tripping occurred, and if so how many horses were used in horse
tripping and how many times each horse was tripped; and
(iv) whether a veterinarian was called during the horse event, and if so:
(A) the name and contact information of the veterinarian;
(B) the outcome of the veterinarian's examination of a horse; and
(C) [
all
] 
the
 veterinarian charges incurred.
(2) (a) The department shall compile [
all
] 
the
 reports received pursuant to Subsection
(1) and provide the information to the board 
executive committee
.
(b) The board 
executive committee
 shall, at a meeting described in Subsection
4-2-108
[
(5)(a)
]
(9)
:
(i) review the information described in Subsection (2)(a); and
(ii) if necessary, make recommendations for rules or legislation designed to prohibit
horse tripping.
(3) The department shall fine the owner of a venue that fails to fulfill the duties
described in Subsection (1) $500 per violation.
(4) The department, in consultation with the board 
executive committee
, shall make
rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as
necessary to enforce this part.
Section 4. Section 
4-2-504
 is amended to read:
4-2-504.
Horse tripping education -- Reporting requirements.
The department, in conjunction with the board 
executive committee
, shall:
(1) send a letter, annually, to venues that host horse events:
(a) outlining the reporting requirements of Section 
4-2-503
; and
(b) providing educational information on the negative effects of horse tripping; and
(2) promote, as funding allows, policies regarding the safety and welfare of horses
involved in horse events, such as horse roping and horse tripping.
Section 5. Section 
4-17-104
 is amended to read:
4-17-104.
Creation of State Weed Committee -- Membership -- Powers and duties
-- Expenses.
(1) There is created a State Weed Committee composed of eight members, with each
member representing one of the following:
(a) the Department of Agriculture and Food;
(b) the Department of Natural Resources;
(c) the Utah State University Agricultural Experiment Station;
(d) the Utah State University Extension Service;
(e) the Utah Association of Counties;
(f) private agricultural industry;
(g) the Utah Weed Control Association; and
(h) the Utah Weed Supervisors Association.
(2) The commissioner shall select the members of the committee from those nominated
by each of the respective groups or agencies following approval by the 
executive committee of
the
 Agricultural Advisory Board.
(3) (a) Except as required by Subsection (3)(b), as terms of current committee members
expire, the commissioner shall appoint each new member or reappointed member to a four-year
term.
(b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
committee members are staggered so that approximately half of the committee is appointed
every two years.
(4) (a) Members may be removed by the commissioner for cause.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) The State Weed Committee shall:
(a) confer and advise on matters pertaining to the planning, implementation, and
administration of the state noxious weed program;
(b) recommend names for membership on the committee; and
(c) serve as members of the executive committee of the Utah Weed Control
Association.
(6) 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 6. Section 
4-19-104
 is amended to read:
4-19-104.
Loans -- Not to exceed period of 10 years -- Agricultural Advisory
Board executive committee to approve loans and renewals, methods of payments, and
interest rates -- Guidelines in fixing interest rates declared.
(1) The department may not make a loan authorized under this chapter for a period to
exceed 10 years, but the loan is renewable.
(2) Except as provided in Subsection (5), the Agricultural Advisory Board 
executive
committee
 created in Section 
4-2-108
 shall approve:
(a) [
all
] loans and renewals;
(b) the methods of repayment; and
(c) the interest rates charged.
(3) In fixing interest rates, the Agricultural Advisory Board 
executive committee
 shall
consider:
(a) the current applicable interest rate or rates being charged by the USDA Farm
Service Agency on similar loans;
(b) the current prime rate charged by leading lending institutions; and
(c) any other pertinent economic data.
(4) The interest rates established shall be compatible with guidelines stated in this
section.
(5) The Agricultural Advisory Board 
executive committee
 may create a subcommittee
from the [
board's
] 
Agricultural Advisory Board
 membership to approve a loan or renewal
under this section.
Section 7. Section 
73-20-2
 is amended to read:
73-20-2.
Definitions.
As used in this chapter:
(1) "Advisory board 
executive committee
" means the 
executive committee of the
Agricultural Advisory Board created by Section 
4-2-108
.
(2) "Basic livestock" means a herd of cattle, sheep, or swine kept and maintained
primarily for breeding purposes.
(3) "Board" means the Board of Water Resources created by Section 
73-10-1.5
.
(4) "Commercial farm" means a tract or tracts of land with or without improvements
recognized as a farm or ranch in this state which is owned and operated or leased and operated
by the applicant, and used in the production and raising of basic livestock.
(5) "Farmer" means any person who owns and operates or leases and operates a
commercial farm in this state, and includes individuals, partnerships and corporations.
Section 8. Section 
73-20-4
 is amended to read:
73-20-4.
Qualification for financial assistance.
To qualify for financial assistance under this act the farmer shall:
(1) make written original application to the advisory board 
executive committee
 and to
the board on forms prescribed by the board in conjunction with the advisory board 
executive
committee
;
(2) own or hold under lease a commercial farm which contributed more than one-half
of the farmer's or rancher's gross income from all income sources for the taxable year 1976; 
and
(3) comply with any condition imposed by the board for financial assistance pursuant
to authority granted the board under Section 
73-20-3
.
Section 9. Section 
73-20-5
 is amended to read:
73-20-5.
Consultation with the executive committee of the Agricultural Advisory
Board.
The board, before making any expenditure of emergency funds appropriated under this
[
act
] 
chapter
, shall consult with and receive the advice of the advisory board 
executive
committee
 with respect to the demonstrated need for financial assistance in the form of the
development of a water resource.