She said a process is proposed to involve the public in decisions regarding transplants of big
game, turkeys, and sensitive species.
MOTION: Rep. Johnson moved to support the concept of proposed legislation on transplants of wildlife and management plans for Division of Wildlife Resources' lands.
SUBSTITUTE MOTION: Rep. Styler moved to accept the bills as committee bills.
Mr. Don Peay, Sportsmen for Fish and Wildlife, stated his organization could support the
bills providing the details remain the same.
Mr. Tom Bingham, Utah Mining Association, said the association has confidence in the
committee to make the language of the bill in harmony with the concept.
Rep. Styler divided his motion to vote on each bill separately.
The committee voted on the transplants of wildlife bill. The motion passed with Rep.
Carlson voting in opposition. Sen. Evans and Rep. Evans were absent during the vote.
The committee voted on the management plans bill. The motion passed with Rep.
Carlson voting in opposition. Sen. Evans and Rep. Evans were absent during the vote.
3. Consider Proposed Legislation, "Allocation of Sales Tax to Species Protection Account" - Rep. Hatch explained the bill proposes to take $1.5 million out of the 1/16 sales tax that goes to water development and put it into the Endangered Species Mitigation Fund. He
stated the bulk of the money will probably be spent on mitigation activities related to the Upper
Colorado River.
Mr. Fred Finlinson, Utah Water Coalition, stated the coalition was unanimous in support
that obtaining more money for the mitigation fund is critical. He said the coalition advocates
minimizing impacts on the Water Resources Conservation and Development Fund and suggests
that CUP mitigation money come from the General Fund. He suggested that a sunset be placed
on the appropriation.
Mr. Ted Stewart, Department of Natural Resources, explained the recovery program for
the fish in the Colorado River is going to be a drain on the fund. The full cost of the recovery
program will be $120 million. He received a verbal commitment from the chairman of the
appropriations committee for the House of Representatives in Congress that they will support a
$60 million appropriation. The remaining $60 million must come from local interests.
MOTION: Rep. Tanner moved to amend the bill as follows:
Page 4, Line 25: After "July 1, 1998," insert "through June 30, 2004,"
The motion passed unanimously. Sen. Evans and Rep. Evans were absent during the vote.
MOTION: Rep. Carlson moved to pass the bill out favorably as amended. The motion passed unanimously. Sen. Evans and Rep. Evans were absent during the vote.
4. Consider Proposed Legislation, "Environmental Crimes Amendments" - Rep. Wright stated the legislation proposes to correct inadequacy of existing state law and to bring
equivalency with federal environmental crimes statutes. The bill also provides for the use of
state court processes instead of federal court processes. He distributed a summary of the
proposed bill.
Mr. Fred Nelson, Attorney General's Office, explained that when violations are found,
the state and the Environmental Protection Agency (EPA) are notified. If it is a criminal
violation, due to current state law, the cases are then sent directly to federal court. In most cases,
the federal government considers penalties in state law to be inadequate.
Mr. Brent Bradford, Department of Environmental Quality, noted that the statute in
question only deals with situations in which the owner has knowingly committed a criminal
violation of an environmental statute.
MOTION: Rep. Hatch moved to pass the bill out favorably as a committee bill. The motion passed unanimously. Sen. Evans and Rep. Styler were absent during the vote.
5. Workers' Compensation for Agricultural Employees - Rep. Wright reviewed draft legislation, "Amendments to Agricultural Exemption for Agricultural Workers." He explained
the bill has not been finalized, because information is still being collected. Agriculture has
generally been exempt from worker's compensation rules in the state. He said he is sensitive to
the issue of mandating costs that people cannot pay.
Mr. Kim Christy, Utah Farm Bureau, distributed information on workers' compensation
insurance. Utah law generally requires all employers to carry workers' compensation. He noted
that agriculture has a partial exemption. He noted that not all farmers and ranchers who hire
labor are in a position to absorb the added cost of acquiring workers' compensation insurance, in
spite of the risk of liability exposure. The Workers' Compensation Fund has a total of 494
policies for agricultural classes. Ninety percent of the farms that carry workers' compensation
insurance are insured through the Workers' Compensation Fund of Utah.
Rep. Wright reviewed the proposed bill. He explained that a definition for agricultural
employer and his immediate family has been included. He is recommending that agricultural
employers with an annual payroll of $8,000 or less be totally exempt. It is also suggested that
agricultural employers with an annual payroll of $8,000 to a yet unspecified figure be required to
have medical benefits. The final level would mandate workers' compensation insurance.
Sen. Steiner stated he has prepared a bill this year that is similar to the one he sponsored
last year. He indicated he is trying to be sensitive to the needs of agricultural employers who
find that offering the coverage all at once might be perceived as onerous to them. A transition
schedule has been included in the legislation. He distributed a copy of his proposed bill and a
summary.
6. Penalty for Eco-Terrorism - Rep. Iverson reviewed the proposed legislation. The bill proposes to make it a crime to obstruct or impede the lawful management of forest, mining, or
agricultural activities or to solicit or conspire with anyone to do so.
MOTION: Rep. Carlson moved to amend the bill to make it a crime to interfere with a legal peaceful demonstration not involving civil disobedience.
SUBSTITUTE MOTION: Rep. Johnson moved to pass the bill out favorably and to request Rep. Carlson to draft language that could be considered as an amendment to the bill
during the General Session. The motion passed with Rep. Carlson voting in opposition. Sen.
Hull and Reps. Olsen, Styler, and Wright were absent during the vote.
MOTION: Rep. Johnson moved to adjourn the meeting at 4:55 p.m. The motion passed unanimously.