DAR File No. 42472

Agriculture and Food, Administration

Rule R51-6

Agricultural Advisory Board Electronic Meeting

Notice of Proposed Rule

(New Rule)

DAR File No.: 42472
Filed: 01/16/2018 03:11:19 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In accordance with Section 52-4-207, this rule is being proposed to allow the Agricultural Advisory Board to have electronic meetings in order to more efficiently conduct business.

Summary of the rule or change:

This proposed rule makes it possible for the Agricultural Advisory Board (Board) and subcommittees of that board to hold electronic meetings. This rule also specifies the procedures that must be followed by the board in order for the board or subcommittees to have an electronic meeting.

Statutory or constitutional authorization for this rule:

• Subsection 4-2-103(i)
• Section 4-2-108
• Section 52-4-207

Anticipated cost or savings to:

the state budget:

The Board consists of 21 members representing the various agricultural industries in the state. These members come from all over the state. Many members of the Board have extensive travel which the state reimburses at $0.53 per mile. Additionally, the state pays $15 per hour for the length of the meeting. Allowing electronic meetings would result in the state saving the $0.53 per mile per member of the Board who choose not to travel for the meetings. It is not feasible to estimate the savings to the state for electronic meetings due to the inability of the Department of Agriculture and Food (Department) to determine which members would be participating in the phone calls, as well as the continual change in the makeup of the board which would change the amount of mileage.

local governments:

There are no anticipated costs or benefits to local governments as the rule neither requires action from nor provides benefit to local governments.

small businesses:

There are no anticipated costs or benefits to small businesses as the rule neither requires action from nor provides benefit to small businesses.

persons other than small businesses, businesses, or local governmental entities:

Members of the board and subcommittees will have the benefit of not having to travel to the meetings. As many of them live outside of the Wasatch Front, the availability of electronic meetings will allow them to continue to participate in the meetings, but not have to spend time traveling to and from the meetings. It is not feasible for the Department to estimate the savings to the individuals as the will vary based on the makeup of the Board.

Compliance costs for affected persons:

There will be no costs associated with this rule as the rule does not require action from any person affected.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Board is made up of 21 representatives of the agricultural industry. Due to the nature of the agricultural industry, many of the members live away from the Wasatch Front and have extensive travel. This travel takes them away from their regular work responsibilities. This proposed rule will make it easier for Board members to participate in the meeting without having to take the time from their other responsibilities.

LuAnn Adams, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Agriculture and Food
Administration
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Scott Ericson at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov
• Melissa Ure at the above address, by phone at 801-538-4976, by FAX at , or by Internet E-mail at mure@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/05/2018

This rule may become effective on:

03/14/2018

Authorized by:

LuAnn Adams, Commissioner

Appendix: Regulatory Impact Analysis for Small and Non-Small Businesses

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

This new rule could lead to a benefit for the state budget by not requiring board members to be present at each meeting for the Agricultural Advisory Board. The use of teleconferences will allow the state to save some money on for not having to reimburse the Board members mileage to travel to the Board meetings. It is not feasible for the state to accurately assess the amount of the savings due to the varied nature of who may call into the meetings and changes in board membership. There are no additional costs associated with this rule.

 

The Commissioner of the Department of Agriculture and Food, LuAnn Adams, has reviewed and approved this fiscal analysis.

 

 

R51 Agriculture and Food, Administration.

R51-6. Agricultural Advisory Board Electronic Meetings.

R51-6-1. Authority and Purpose.

(1) Promulgated under Utah Code Section 52-4-207 which requires any public body that convenes or conducts an electronic meeting to establish written procedures for such meetings. This rule establishes procedures for conducting Agricultural Advisory Board (Board) meetings or meetings of the Board's subcommittees by electronic means.

(2) This rule is enacted under the authority of Sections 52-4-207, 4-2-108, and 4-2-103(1)(i).

(3) The following provisions govern any meeting at which a voting majority of Board members appear at the anchor location, by telephone, or electronically pursuant to Utah Code Section 52-4-207:

(a) If enough Board members which constitute a voting majority intend to participate electronically or by telephone, public notices of the meeting shall be posted. In addition, the notice shall specify the anchor location where the members of the Board not participating electronically or by telephone will be meeting and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

(b) Notice of the meeting and the agenda shall be posted at the anchor location. Written or electronic notice shall also be posted on the Public Notice Website. These notices shall be provided at least 24 hours before the meetings.

(c) Notice of the possibility of an electronic meeting shall be given to the Board members at least 24 hours before the meeting. In addition, the notice shall describe how a Board member may participate in the meeting electronically or by telephone.

(d) When notice is given of the possibility of a member appearing electronically or by telephone, any Board member may do so and shall be counted as present for purposes of a quorum and may fully participate and vote on any matter coming before the Board. At the commencement of the meeting, or at such time as any Board member initially appears electronically or by telephone, the chair shall identify for the record all those who are appearing by telephone or electronically. Votes by members of the Board who are not at the physical location of the meeting shall be confirmed by the chair.

(e) The anchor location, unless otherwise designated in the notice, shall be at the offices of the Department of Agriculture and Food, 350 N Redwood Road, Salt Lake City, Utah. The anchor location is the physical location from which the electronic meeting originates or from which the participants are connected. In addition, the anchor location shall have space and facilities so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

 

KEY: electronic meetings

Date of Enactment or Last Substantive Amendment: 2018

Authorizing, and Implemented or Interpreted Law: 4-2-108; 4-2-103(i); 52-4-207