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House Engrossed Senate Bill |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SENATE BILL 1529 |
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AN ACT
Amending sections 3‑104 and 3-3605, Arizona Revised Statutes; relating to the Department of agriculture.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 3-104, Arizona Revised Statutes, is amended to read:
3-104. Advisory council
A. The governor shall appoint a department of agriculture advisory council consisting of five members appointed to terms of five years. A member may continue to serve until his successor is appointed and assumes office. A member may not be appointed to more than one full term plus appointment to fill a vacancy for the remainder of the unexpired term.
B. The advisory council consists of the following:
1. Two members actively engaged in animal production as their major sources of income.
2. Two members actively engaged in plant production as their major sources of income.
3. One member actively engaged in agribusiness as his major source of income.
C. The governor may remove a member for cause. In addition, a member vacates his office if he:
1. Ceases to engage in his qualifying occupation.
2. No longer resides in this state.
3. Is absent without excuse from three consecutive regular meetings of the council.
4. Resigns, dies or becomes unable to perform his duties as a council member.
D. Members of the advisory council are not eligible for compensation but are eligible for reimbursement as provided by law for travel and other expenses. The advisory council is a public body for purposes of title 38, chapter 3, article 3.1.
E. The advisory council shall:
1. Select a chairman and vice-chairman from among its members.
2. Hold a regular meeting every calendar quarter and additional meetings at the call of the director, the chairman or a majority of its members.
3. Before an advisory council meeting, notify any division council established pursuant to section 3-105 of agenda items that the director determines will impact that division.
F. The advisory council shall review agricultural policy in this state as established by law and as administered in all functional areas of the department. The advisory council shall assist the director in formulating administrative rules for the department and formulating the department's proposed budget allocations among the administrative units of the department and shall provide such additional assistance as the director requests. The advisory council shall review, advise and make recommendations to the director on proposed rules before they are adopted by the director and may recommend initiating the rule making process relating to any subject under the department's jurisdiction. In adopting departmental rules and budgets, the director shall include the comments of the advisory council in the official record. In adopting rules the director shall accept the recommendations of the advisory council if the director finds them to be practicable and in the best interests of Arizona agriculture and of the public. The director shall provide a written statement of reasons to the advisory council within fifteen days if the director does not accept the advisory council's recommendations.
G. The advisory council may conduct periodic analyses of departmental policy as reflected by:
1. Decisions of hearing officers and the director on appeals of hearing officers' decisions.
2. The operations of the state agricultural laboratory, the office of agriculture safety and the office of border inspections.
Sec. 2. Section 3-3605, Arizona Revised Statutes, is amended to read:
3-3605. Pest management division council; members; duties
A. The director shall establish by rule a pest management division council to assist and make recommendations to the director regarding the administration and implementation of this chapter but excludes reviewing and making recommendations on individual cases, investigations or applications for certification or licensing. The director shall appoint five members to the council, including one public member.
B. The pest management division council shall:
1. Annually elect a chairman and vice chairman from among its members.
2. Meet at least once each calendar quarter and at additional times at the call of the director or chairman or if requested by at least three members of the council.
3. Keep a record of council proceedings and make those records available for public inspection for any lawful purpose.
C. The pest management division council shall advise the director and the associate director of the division on matters pertaining to the pest management industry, including:
1. Review Reviewing pest management policy in this state as established by law and administered by the division.
2. Assist Assisting the director in formulating administrative rules for the division, including reviewing, advising and making recommendations to the director on proposed rules before the rules are adopted and recommending and initiating the rulemaking process for rules relating to this chapter.
3. Reviewing proposed changes by the department to statutes or rules pertaining to the pest management industry.
3. 4. Assist aSSISTING the director in developing proposed budgets for the division.
5. Recommending any other items that the council deems appropriate on matters pertaining to the pest management industry.
4. 6. Provide providing additional assistance as the director deems necessary.
D. Before a meeting of the department of agriculture advisory council established pursuant to section 3-104, the director shall notify the pest management division council of agenda items that impact the division or the pest management industry. The pest management division council may make recommendations to the department of agriculture advisory council on those agenda items.
C. E. If the director determines that the rulemaking recommendations of the pest management division council are practicable and in the best interests of the pest management industry and the public, the director shall accept the rulemaking recommendations. If the director rejects the rulemaking recommendations of the pest management division council, the director shall provide a written explanation of the reasons for the rejection to the division council not more than fifteen days after the director's decision to reject the recommendations.
D. F. The director shall include the comments of the pest management division council in the official record when adopting rules or budgets for the division.