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[Utah Code Table of Contents]
[TITLE 4. Table of Contents]
4-35-1 Short title.
This chapter is known as the "Insect Infestation Emergency
Control Act."
1985
4-35-2 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) "Insect" means, but is not limited to, grasshopper,
range caterpillar, mormon cricket, apple maggot, cherry fruit
fly, plum curculio, and cereal leaf beetle.
1997
4-35-3 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 which 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 emergency.
(d) The committee is dissolved when the commissioner declares that the insect infestation emergency is over.
(2) The committee shall:
(a) establish a system of priorities for any insect infestation 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) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the committee at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may
decline to receive per diem and expenses for their service.
1996
4-35-4 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 emergency situation exists which jeopardizes property and resources, and designate the area or areas affected.
(b) The 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 4-35-5 , to direct all emergency measures the commission considers necessary to alleviate the emergency condition. The commissioner shall:
(a) utilize 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.
2002
4-35-5 Commissioner to act upon certification by committee - Deposit required.
(1) The commissioner initiates operations to control the insect infestation in the designated area or areas:
(a) upon certification by the committee under Subsection 4-35-4 (2); 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
population in the designated emergency area.
1985
4-35-6 Money deposited as dedicated credits - Balance nonlapsing - Matching funds allowed.
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. Any unexpended balance at the end of a fiscal year is nonlapsing. This money may be used as matching funds for:
(1) participation in programs of the United States Department of Agriculture; and
(2) in contracts with private property owners who own
croplands contiguous to infested public rangelands.
1997
4-35-7 Notice to owner or occupant - Corrective action required - Directive issued by department - Costs - Owner or occupant may prohibit spraying.
(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 must take corrective action within 30 days.
(2) If the owner or occupant fails to take corrective action under Subsection (1), the department may issue a directive for corrective action which must be taken within 15 days. If the owner or occupant fails to act within the required time, the department shall take the necessary action. The department may recover costs incurred for controlling an insect infestation emergency from the owner or occupant of the property on whose property corrective action was taken.
(3) Owners or occupants of property may prohibit spraying
by presenting an affidavit from their attending physician
to the department which states that the spraying as planned
is a danger to their health. The department shall provide
the owner or occupant with alternatives to spraying which
will abate the infestation.
1990
4-35-8 Persons and activities exempt from civil liability.
No state agency or its officers and employees nor the
officers, agents, employees, or representatives of any governmental
or private entity acting under the authority granted by this
chapter is liable for claims arising out of the reasonable
exercise or performance of duties and responsibilities under
this chapter.
1985
4-35-9 Department to adopt rules.
The department is authorized to adopt and enforce rules
to administer this chapter.
1985
