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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
agriculture advisory council;
membership
(NOW: pest management division; notification requirement)
Purpose
Prescribes requirements and duties to the Pest Management Division Council (Pest Management Council) and prescribes notification requirements for items on the Agriculture Advisory Council agenda that impact divisions within the Arizona Department of Agriculture (ADZA).
Background
The Agriculture Advisory Council is statutorily established to review Arizona's agricultural policy in law and administration and assists the Director of the AZDA (Director) with formulating the AZDA's administrative rules and budget allocations and provides additional assistance, as requested (A.R.S. § 3-104). Statute authorizes the Director to appoint a division council for any AZDA division consisting of representatives from the industries and commodities regulated by that division. A division council assists and makes recommendations regarding the administration and implementation of the division's programs (A.R.S. § 3-105).
The Pest Management Division within the AZDA oversees the management of pests including weeds, that exist in or around structures, in ornamental shrubs and trees, along rights‑of‑way or in lawns or cemeteries and include all pesticide applications that could be harmful to public health or environment. Pest management includes the management by persons for hire of pests on gold courses but does not include pesticide applications used in the commercial production of crops and animals (A.R.S. Title 3, Chapter 20).
Statute directs the Director to establish the five-member Pest Management Council to assist and make recommendations to the Director. The Pest Management Council reviews pest management policy and assists the Director in formulating pest management administrative rules, including advising and making directions before rules are adopted and initiating the rulemaking process. The Pest Management Council additionally assists the Director in the Pest Management Division budget process and provides other assistance, as necessary (A.R.S. § 3-3605).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the Pest Management Council to:
a) annually elect and chairperson and vice-chairperson from among council members;
b) meet at least quarterly and additionally upon call of the Director, the chairperson or by three or more members; and
c) keep a record of Pest Management Council proceedings and make the records publicly available.
2. Includes the following duties in the requirement that the Pest Management Council advise the Director and the Associate Director of the Pest Management Division (Associate Director):
a) reviewing changes proposed by AZDA to pest management industry statutes or rules; and
b) recommending any other items deemed appropriate on matters pertaining to the pest management industry.
3. Precludes the Pest Management Council from reviewing and making recommendations on individual cases, investigations or applications for pest management certification or licensing.
4. Requires the Agriculture Advisory Council to notify each division council established within the AZDA of items on the Agriculture Advisory Council agenda that impact that division, as determined by the Director.
6. Allows the Pest Management Council to make recommendations to the Agriculture Advisory Council on items noticed by the Director that impact pest management.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
1. Precludes the Pest Management Council from reviewing and making recommendations on individual cases, investigations or applications for pest management certification or licensing.
2. Allows the Director to call a meeting of the Pest Management Council.
3. Specifies that the Pest Management Council must keep a record, rather than a permanent record.
4. Replaces permission for the Pest Management Council to advise the Director and the Associate Director on specific statutes, rulemaking proceedings, policy recommendations and service fees with permission for the Pest Management Council to advise on matters pertaining to the pest management industry and to review proposed changes to statutes or rules.
5. Makes conforming changes.
Senate Action House Action
NRE 2/20/19 DPA/SE 7-0-0 LAG 3/14/19 DPA 5-0-0-2
3rd Read 2/28/19 30-0-0 3rd Read 4/3/19 59-0-1
Prepared by Senate Research
April 3, 2019
KN/gs