Bill
Number: S.B. 1019
Borrelli
Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Allows a city, town or
county to impose a restriction on an industrial hemp site that violates
applicable zoning laws or building and fire codes.
2. Allows a city, town or
county to enforce lawful zoning ordinances relating to industrial hemp sites,
if the ordinance is applied in the same manner as other property of the same
zoning classification.
3. Establishes a state
preemption on the regulation of industrial hemp sites and specifies that the
regulation of industrial hemp sites is not subject to further regulation by a
city, town or county.
4. Requires the Arizona
Department of Agriculture (AZDA) to establish and maintain:
a)
a
public registry of all industrial hemp licenses on the AZDA website; and
b)
a
voluntary registry for the cultivation sites of nonprofit medical marijuana
dispensaries (dispensaries).
5. Requires the industrial
hemp license registry to include the license number, business name, business
address and license status of all industrial hemp licenses and include the
license's status as a grower, harvester, transporter or processor.
6. Requires the Director
of AZDA (Director) to appoint an advisory committee to consider, assist and
make recommendations regarding cross-pollination between industrial hemp sites
and cultivation sites of dispensaries.
7. Requires the Director
or the Director's designee to serve as chairperson of the advisory committee.
8. Requires the Director
to appoint an equal number of members to the advisory committee with experience
and expertise in the cultivation of industrial hemp and cultivation of medical
marijuana.
9. Requires the advisory
committee, by January 1, 2022, to submit a report of recommendations regarding
cross-pollination between industrial hemp sites and cultivation sites of
dispensaries to the President of the Senate and Speaker of the House of
Representatives and provide a copy to the Secretary of State.
10. Allows the Director to
adopt rules based on the recommendations of the advisory committee.
11. Terminates the advisory
committee on October 1, 2022.
12. Makes technical and
conforming changes.
Page 1,
between lines 1 and 2, insert:
"Section 1. Section 3-314, Arizona Revised Statutes,
is amended to read:
START_STATUTE3-314. Industrial
hemp licenses; applications; fees; fingerprinting requirements; renewal;
revocation; registries
A. A
grower, harvester, transporter or processor shall obtain an industrial hemp
license from the department.
B. A
grower, harvester, transporter or processor shall apply for a license pursuant
to rules and orders adopted by the director.
C. An
application for an original or renewal industrial hemp license shall comply
with all of the following:
1. Be
on a form that is provided by the department.
2. Include
complete and accurate information.
3. Be
accompanied by the license fee prescribed by the director. The director shall
deposit, pursuant to sections 35‑146 and 35‑147, fees collected
under this paragraph in the industrial hemp trust fund established by section 3‑315.
D. An
applicant shall provide proof to the department of having a valid fingerprint
clearance card issued pursuant to section 41‑1758.07 for the purpose of
validating applicant eligibility.
E. A
license issued pursuant to this section is valid for one year, unless revoked,
and may be renewed as provided by the department. Rather than renewing a
licensee's license every year, a licensee may renew the licensee's license
every two years by paying a license fee that is twice the amount designated by
the fee schedule in rule that is adopted by the director and other applicable
fees. Licensees that renew every two years shall comply with any annual
reporting requirements.
F. The
department may revoke or refuse to issue or renew a license for a violation of
any law of this state, any federal law or any rule or order adopted by the
director.
G. A
member of an Indian tribe may apply for a license pursuant to this section. If
a member of an Indian tribe is issued a license pursuant to this section, the
member is subject to the requirements prescribed in this article.
h. the
department shall establish and maintain, at the department and on the
department's website, a public registry of all industrial hemp licenses issued
pursuant to this section. the registry shall include the license number,
business name, business address and license status of each licensee. the
registry shall also include the license's status as a grower, harvester,
TRANSPORTER or processor.
i. the
department shall establish and maintain a voluntary registry for the
cultivation sites of nonprofit medical marijuana dispensaries as defined in
section 36-2801."
END_STATUTE
Renumber to
conform
Page 1, line
4, after "sites" insert "; state preemption"
Line 5,
before "notwithstanding" insert "a."
Line 6,
strike "regulation or"
Line 7,
after "3-311" insert "unless
the industrial hemp site violates any applicable zoning law or building and
fire code. a city or town may enforce a lawful zoning ordinance if the
ordinance is applied in the same manner as other property of the same zoning
classification"
Between
lines 7 and 8, insert:
"b. the legislature finds that the regulation of industrial
hemp sites is a matter of statewide concern. the regulation of INDUSTRIAL hemp
sites is not subject to further regulation by a city or town EXCEPT AS
AUTHORIZED IN SUBSECTION A OF THIS SECTION."
Page 1, line
10, after "sites"
insert "; state preemption"
Line 11,
before "notwithstanding" insert "a."
Line 12,
strike "regulation or"
Line 13,
after "3-311" insert "unless
the industrial hemp site violates any applicable zoning law or building and
fire code. a county may enforce a lawful zoning ordinance if the ordinance is
applied in the same manner as other property of the same zoning classification"
After line
13, insert:
"b. the legislature finds that the regulation of industrial
hemp sites is a matter of statewide concern. the regulation of INDUSTRIAL hemp
sites is not subject to further regulation by a cOUNTY EXCEPT AS AUTHORIZED IN
SUBSECTION A OF THIS SECTION.
Sec.
4. Advisory committee on industrial hemp and
medical marijuana cross-pollination; membership; report; delayed repeal
A. Pursuant
to section 3-106, Arizona Revised Statutes, the director of the Arizona
department of agriculture shall appoint an advisory committee to consider,
assist and make recommendations to the director regarding cross-pollination
between industrial hemp sites and cultivation sites of nonprofit medical
marijuana dispensaries.
B. The
director or the director's designee shall serve as the chairperson of the
committee. The director shall appoint an equal number of members with
experience and expertise in the cultivation of industrial hemp and the
cultivation of medical marijuana.
C. On
or before December 31, 2021, the advisory committee shall submit a report of
recommendations regarding cross-pollination between industrial hemp sites and
cultivation sites of nonprofit medical marijuana dispensaries to the president
of the senate and the speaker of the house of representatives and shall provide
a copy to the secretary of state.
D. The
director may adopt rules based on the recommendations of the advisory committee.
E. This
section is repealed from and after September 30, 2022."
Amend title to conform